Capri v. Sisolak et al

Filing 3

ORDER - Fully complete IFP application, or $402 filing fee, due by 1/17/2023. Clerk shall send P approved IFP form and instructions.(Attached hereto for distribution to P via NNCC law library.) Clerk is directed to retain the complaint and exhibits (ECF Nos. 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, 1-9) but not file them at this time. Signed by Magistrate Judge Carla Baldwin on 11/18/2022. (Attachments: #1 IFP form and Instructions)(Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RICHARD CAPRI,

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Plaintiff

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Case No. 3:22-cv-00514-MMD-CLB
ORDER

v.
STEVE SISOLAK, et al.,

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Defendants

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On November 17, 2022, pro se plaintiff Richard Capri, an inmate in the custody of

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the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983.

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(ECF No. 1-1). Plaintiff has neither paid the full $402 filing fee for this matter nor filed an

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application to proceed in forma pauperis. (See ECF No. 1).

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I.

DISCUSSION

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The United States District Court for the District of Nevada must collect filing fees

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from parties initiating civil actions. 28 U.S.C. § 1914(a). The fee for filing a civil-rights

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action is $402, which includes the $350 filing fee and the $52 administrative fee. See 28

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U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a civil case may apply

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to the court for leave to proceed in forma pauperis.” Nev. Loc. Special R. 1-1. For an

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inmate to apply for in forma pauperis status, the inmate must submit all three of the

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following documents to the Court: (1) a completed Application to Proceed in Forma

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Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is properly

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signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is

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page 4 of the Court’s approved form, that is properly signed by both the inmate and a

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prison or jail official; and (3) a copy of the inmate’s prison or jail trust fund account

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statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2); Nev.

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Loc. Special R. 1-2. In forma pauperis status does not relieve an inmate of his or her

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obligation to pay the filing fee, it just means that the inmate can pay the fee in installments.

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See 28 U.S.C. § 1915(b).

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As explained above, Plaintiff has neither paid the full filing fee nor applied to

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proceed in forma pauperis. The Court gives Plaintiff until January 17, 2023, to either pay

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the filing fee or submit an application to proceed in forma pauperis.

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II.

CONCLUSION

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It is therefore ordered that Plaintiff has until January 17, 2023, to either pay the

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full $402 filing fee or file a fully complete application to proceed in forma pauperis with all

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three required documents: (1) a completed application with the inmate’s two signatures

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on page 3, (2) a completed financial certificate that is signed both by the inmate and the

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prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the

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previous six-month period.

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Plaintiff is cautioned that this action will be subject to dismissal without prejudice if

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Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff

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to refile the case with the Court, under a new case number, when Plaintiff can file a

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complete application to proceed in forma pauperis or pay the required filing fee.

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The Clerk of the Court is directed to send Plaintiff Richard Capri the approved form

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application to proceed in forma pauperis for an inmate and instructions for the same and

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retain the complaint and exhibits (ECF Nos. 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, 1-9) but

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not file them at this time.

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DATED THIS 18th day of November 2022.

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UNITED STATES MAGISTRATE JUDGE

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