Sampson v. W.C.S.O. et al

Filing 3

ORDERED that Plaintiff's IF application is denied without prejudice to file a new fully complete application. Clerk is directed to send P approved IFP form w instructions. (Mailed to P 11/21/2022.) Fully complete IFP application, or & #036;402 filing fee, due 1/23/2023. Clerk will retain the complaint (ECF No. 1 -1) but will not file it at this time. Clerk is directed to send P approved1983 form w instructions. (Mailed to P 11/21/2022.) "First Amended" complaint with more legible handwriting is due by 1/23/2023. Signed by Magistrate Judge Craig S. Denney on 11/21/2022. (Copies have been distributed pursuant to the NEF - DRM)

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Case 3:22-cv-00418-MMD-CSD Document 3 Filed 11/21/22 Page 1 of 4 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 KARA SAMPSON, Case No. 3:22-cv-00418-MMD-CSD Plaintiff 4 5 v. 6 W.C.S.O., et al., Defendant 7 8 ORDER I. DISCUSSION 9 On September 19, 2022, Plaintiff, an inmate in the custody of the Nevada 10 Department of Corrections (“NDOC”), submitted a civil rights complaint under 42 U.S.C. 11 § 1983 and filed an application to proceed in forma pauperis. (ECF Nos. 1-1, 1.) 12 Plaintiff’s application to proceed in forma pauperis is incomplete. 13 submitted this Court’s approved application to proceed in forma pauperis, a financial 14 certificate, or an inmate account statement for the previous six-month period with 15 Plaintiff’s application. Plaintiff has not 16 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin 17 a civil action in this Court may apply to proceed in forma pauperis in order to file the civil 18 action without prepaying the full $402 filing fee. To apply for in forma pauperis status, an 19 inmate must submit all three of the following documents to the Court: 20 (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this 21 Court’s approved form (i.e. pages 1 through 3 with the inmate’s two signatures on 22 page 3), 23 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 24 official (i.e. page 4 of this Court’s approved form), and 25 (3) a copy of the inmate’s prison or jail trust fund account statement for the 26 previous six-month period. 27 Accordingly, the Court denies Plaintiff’s application to proceed in forma pauperis 28 (ECF No. 1) without prejudice because the application is incomplete. The Court will grant 1 Case 3:22-cv-00418-MMD-CSD Document 3 Filed 11/21/22 Page 2 of 4 1 Plaintiff a one-time extension to file a fully complete application to proceed in forma 2 pauperis containing all three of the required documents. Plaintiff will file a fully complete 3 application to proceed in forma pauperis on or before January 23, 2023. Absent unusual 4 circumstances, the Court will not grant any further extensions of time. If Plaintiff does not 5 file a fully complete application to proceed in forma pauperis with all three required 6 documents on or before January 23, 2023, this case will be subject to dismissal without 7 prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to acquire all 8 three of the documents needed to file a fully complete application to proceed in forma 9 pauperis or pays the full $402 filing fee. 10 A dismissal without prejudice means Plaintiff does not give up the right to refile the 11 case with the Court, under a new case number, when Plaintiff has all three documents 12 needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff 13 may choose not to file an application to proceed in forma pauperis and instead pay the 14 full filing fee of $402 on or before January 23, 2023, to proceed with this case. 15 The Court will retain Plaintiff’s civil rights complaint (ECF No. 1-1) but the Court 16 will not file the complaint unless and until Plaintiff timely files a fully complete application 17 to proceed in forma pauperis with all three documents or pays the full $402 filing fee. 18 The Court also notes that parts of the complaint are very difficult to read. Nevada 19 Local Rule of Practice IA 10-1(a)(1)-(3) provides that a filed document cannot contain 20 more than 28 lines of text per page, the text size must be size 12 font or larger, and 21 handwriting must be legible. If Plaintiff files a complete application to proceed in forma 22 pauperis by January 23, 2023, the Court will screen Plaintiff’s complaint, and the Court 23 will do its best to understand Plaintiff’s allegations. However, to the extent that the Court 24 cannot read or understand portions of the complaint, the Court will have no option but to 25 ignore those allegations for the purposes of screening. The Court notes that Plaintiff may 26 file a first amended complaint with clearer handwriting. If Plaintiff chooses to file a first 27 amended complaint, Plaintiff will file the first amended complaint on or before January 28 23, 2023. 2 Case 3:22-cv-00418-MMD-CSD Document 3 Filed 11/21/22 Page 3 of 4 1 II. CONCLUSION 2 For the foregoing reasons, IT IS ORDERED that Plaintiff’s application to proceed 3 in forma pauperis (ECF No. 1) is denied without prejudice to file a new fully complete 4 application to proceed in forma pauperis with all three documents. 5 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the 6 approved form application to proceed in forma pauperis by an inmate, as well as the 7 document entitled information and instructions for filing an in forma pauperis application. 8 IT IS FURTHER ORDERED that on or before January 23, 2023, Plaintiff will either 9 pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 10 administrative fee) or file with the Court: 11 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this 12 Court’s approved form (i.e. pages 1 through 3 of the form with the inmate’s two 13 signatures on page 3), 14 (2) a Financial Certificate properly signed by both the inmate and a prison or jail 15 official (i.e. page 4 of this Court’s approved form), and 16 (3) a copy of the inmate’s prison or jail trust fund account statement for the 17 previous six-month period. 18 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete 19 application to proceed in forma pauperis with all three documents or pay the full $402 20 filing fee for a civil action on or before January 23, 2023, this case will be subject to 21 dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case 22 number, when Plaintiff has all three documents needed to file a complete application to 23 proceed in forma pauperis or pays the the full $402 filing fee. 24 25 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. 26 It is further ordered that the Clerk of the Court will send to Plaintiff the approved 27 form for filing a § 1983 complaint, instructions for the same, and a copy of Plaintiff’s 28 original complaint (ECF No. 1-1). If Plaintiff chooses to file an amended complaint, 3 Case 3:22-cv-00418-MMD-CSD Document 3 Filed 11/21/22 Page 4 of 4 1 Plaintiff should use the approved form and Plaintiff will write the words “First Amended” 2 above the words “Civil Rights Complaint” in the caption. 3 IT IS FURTHER ORDERED that if Plaintiff chooses to file an amended complaint 4 with more legible handwriting, Plaintiff will file the amended complaint on or before 5 January 23, 2023. 6 7 8 9 21, 2022 DATED: November __________________ ___________________________________ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4

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