Capri v. Sisolak et al
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 t he 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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:22-cv-00514-MMD-CLB
STEVE SISOLAK, et al.,
On November 17, 2022, pro se plaintiff Richard Capri, an inmate in the custody of
the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983.
(ECF No. 1-1). Plaintiff has neither paid the full $402 filing fee for this matter nor filed an
application to proceed in forma pauperis. (See ECF No. 1).
The United States District Court for the District of Nevada must collect filing fees
from parties initiating civil actions. 28 U.S.C. § 1914(a). The fee for filing a civil-rights
action is $402, which includes the $350 filing fee and the $52 administrative fee. See 28
U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a civil case may apply
to the court for leave to proceed in forma pauperis.” Nev. Loc. Special R. 1-1. For an
inmate to apply for in forma pauperis status, the inmate must submit all three of the
following documents to the Court: (1) a completed Application to Proceed in Forma
Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is properly
signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is
page 4 of the Court’s approved form, that is properly signed by both the inmate and a
prison or jail official; and (3) a copy of the inmate’s prison or jail trust fund account
statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2); Nev.
Loc. Special R. 1-2. In forma pauperis status does not relieve an inmate of his or her
obligation to pay the filing fee, it just means that the inmate can pay the fee in installments.
See 28 U.S.C. § 1915(b).
As explained above, Plaintiff has neither paid the full filing fee nor applied to
proceed in forma pauperis. The Court gives Plaintiff until January 17, 2023, to either pay
the filing fee or submit an application to proceed in forma pauperis.
It is therefore ordered that Plaintiff has until January 17, 2023, to either pay the
full $402 filing fee or file a fully complete application to proceed in forma pauperis with all
three required documents: (1) a completed application with the inmate’s two signatures
on page 3, (2) a completed financial certificate that is signed both by the inmate and the
prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the
previous six-month period.
Plaintiff is cautioned that this action will be subject to dismissal without prejudice if
Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff
to refile the case with the Court, under a new case number, when Plaintiff can file a
complete application to proceed in forma pauperis or pay the required filing fee.
The Clerk of the Court is directed to send Plaintiff Richard Capri the approved form
application to proceed in forma pauperis for an inmate and instructions for the same and
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.
DATED THIS 18th day of November 2022.
UNITED STATES MAGISTRATE JUDGE
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