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 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)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 RICHARD CAPRI, 4 Plaintiff 5 6 Case No. 3:22-cv-00514-MMD-CLB ORDER v. STEVE SISOLAK, et al., 7 Defendants 8 9 10 On November 17, 2022, pro se plaintiff Richard Capri, an inmate in the custody of 11 the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983. 12 (ECF No. 1-1). Plaintiff has neither paid the full $402 filing fee for this matter nor filed an 13 application to proceed in forma pauperis. (See ECF No. 1). 14 I. DISCUSSION 15 The United States District Court for the District of Nevada must collect filing fees 16 from parties initiating civil actions. 28 U.S.C. § 1914(a). The fee for filing a civil-rights 17 action is $402, which includes the $350 filing fee and the $52 administrative fee. See 28 18 U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a civil case may apply 19 to the court for leave to proceed in forma pauperis.” Nev. Loc. Special R. 1-1. For an 20 inmate to apply for in forma pauperis status, the inmate must submit all three of the 21 following documents to the Court: (1) a completed Application to Proceed in Forma 22 Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is properly 23 signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is 24 page 4 of the Court’s approved form, that is properly signed by both the inmate and a 25 prison or jail official; and (3) a copy of the inmate’s prison or jail trust fund account 26 statement for the previous six-month period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. 27 Loc. Special R. 1-2. In forma pauperis status does not relieve an inmate of his or her 28 obligation to pay the filing fee, it just means that the inmate can pay the fee in installments. 1 See 28 U.S.C. § 1915(b). 2 As explained above, Plaintiff has neither paid the full filing fee nor applied to 3 proceed in forma pauperis. The Court gives Plaintiff until January 17, 2023, to either pay 4 the filing fee or submit an application to proceed in forma pauperis. 5 II. CONCLUSION 6 It is therefore ordered that Plaintiff has until January 17, 2023, to either pay the 7 full $402 filing fee or file a fully complete application to proceed in forma pauperis with all 8 three required documents: (1) a completed application with the inmate’s two signatures 9 on page 3, (2) a completed financial certificate that is signed both by the inmate and the 10 prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the 11 previous six-month period. 12 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 13 Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 14 to refile the case with the Court, under a new case number, when Plaintiff can file a 15 complete application to proceed in forma pauperis or pay the required filing fee. 16 The Clerk of the Court is directed to send Plaintiff Richard Capri the approved form 17 application to proceed in forma pauperis for an inmate and instructions for the same and 18 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 19 not file them at this time. 20 DATED THIS 18th day of November 2022. 21 22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 -2-

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