Scott v. Warden et al

Filing 3

ORDER - Plaintiff's application to proceed in forma pauperis (ECF No. 1 ) is denied without prejudice to file a new fully complete application to proceed in forma pauperis with all three documents. Clerk of the Court will send Plainti ff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application. On or before November 15, 2022, Plaintiff will either pay the full $402 filing fee or file with the Court: 1) a completed application to proceed in forma pauperis for inmate; 2) a financial certificate; and 3) a copy of the inmate's prison or jail trust fund account statement for the previous six- month period. Clerk of the Court will retain the complaint (ECF No. 1 -1) but will not file it at this time. Signed by Magistrate Judge Craig S. Denney on 9/15/2022. (Attachments: # 1 IFP Application Form) (Copies have been distributed pursuant to the NEF - HKL) Modified on 9/15/2022 to note IFP form attached for distribution to Plaintiff by NNCC law library (HKL).

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Case 3:22-cv-00402-MMD-CSD Document 3 Filed 09/15/22 Page 1 of 3 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JARRIEL SCOTT, Case No. 3:22-cv-00402-MMD-CSD 4 Plaintiff 5 6 ORDER v. WARDEN, et al., 7 Defendants 8 9 I. DISCUSSION 10 On September 8, 2022, Plaintiff, an inmate in the custody of the Nevada 11 Department of Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. 12 § 1983 and filed an application to proceed in forma pauperis. (ECF Nos. 1-1, 1). 13 Plaintiff’s application to proceed in forma pauperis is incomplete. Plaintiff’s financial 14 certificate is incomplete (Plaintiff wrote in “N/A” on the lines designated for an authorized 15 officer), and Plaintiff did not submitt an inmate account statement for the previous six- 16 month period with his application. 17 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin 18 a civil action in this Court may apply to proceed in forma pauperis in order to file the civil 19 action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the 20 inmate must submit all three of the following documents to the Court: 21 (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this 22 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 23 page 3), 24 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 25 official (i.e. page 4 of this Court’s approved form), and 26 (3) a copy of the inmate’s prison or jail trust fund account statement for the 27 previous six-month period. 28 Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis Case 3:22-cv-00402-MMD-CSD Document 3 Filed 09/15/22 Page 2 of 3 1 (ECF No. 1) without prejudice because the application is incomplete. The Court will grant 2 Plaintiff a one-time extension to file a fully complete application to proceed in forma 3 pauperis containing all three of the required documents. Plaintiff will file a fully complete 4 application to proceed in forma pauperis on or before November 15, 2022. Absent 5 unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff 6 does not file a fully complete application to proceed in forma pauperis with all three 7 required documents on or before November 15, 2022, this case will be subject to 8 dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff is 9 able to acquire all three of the documents needed to file a fully complete application to 10 proceed in forma pauperis or pays the full $402 filing fee. 11 A dismissal without prejudice means Plaintiff does not give up the right to refile the 12 case with the Court, under a new case number, when Plaintiff has all three documents 13 needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff 14 may choose not to file an application to proceed in forma pauperis and instead pay the 15 full filing fee of $402 on or before November 15, 2022, to proceed with this case. 16 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court 17 will not file the complaint unless and until Plaintiff timely files a fully complete application 18 to proceed in forma pauperis with all three documents or pays the full $402 filing fee. 19 II. CONCLUSION 20 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 21 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 22 application to proceed in forma pauperis with all three documents. 23 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 24 approved form application to proceed in forma pauperis by an inmate, as well as the 25 document entitled information and instructions for filing an in forma pauperis application. 26 IT IS FURTHER ORDERED that on or before November 15, 2022, Plaintiff will 27 either pay the full $402 filing fee for a civil action (which includes the $350 filing fee and 28 the $52 administrative fee) or file with the Court: -2- Case 3:22-cv-00402-MMD-CSD Document 3 Filed 09/15/22 Page 3 of 3 1 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 2 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two 3 signatures on page 3), 4 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 5 official (i.e. page 4 of this Court’s approved form), and 6 (3) a copy of the inmate’s prison or jail trust fund account statement for the 7 previous six-month period. 8 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 9 application to proceed in forma pauperis with all three documents or pay the full $402 10 filing fee for a civil action on or before November 15, 2022, this case will be subject to 11 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 12 number, when Plaintiff has all three documents needed to file a complete application to 13 proceed in forma pauperis or pays the the full $402 filing fee. 14 15 16 17 18 IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint (ECF No. 1-1) but will not file it at this time. September 15, 2022 DATED: __________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 -3-

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