Doyle v. Dzurenda et al

Filing 3

ORDER - IFP Application (ECF No. 1 ) is denied without prejudice. Plaintiff has until January 19, 2024, to either pay the full filing fee or file a new fully complete IFP Application. The Clerk of Court is directed to send Plaintiff t he approved IFP form and instructions and retain the complaint (ECF No. 1 -1) but not file it at this time. (ATTACHED HERETO FOR DISTRIBUTION TO P VIA ESP LAW LIBRARY). Signed by Magistrate Judge Craig S. Denney on 11/15/2023. (Attachments: # 1 Inmate IFP and Instructions)(Copies have been distributed pursuant to the NEF - DLS)

UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
ANTONIO L. DOYLE,
Plaintiff,
v.
JAMES DZURENDA, et al.,

Case No.: 3:23-cv-00514-ART-CSD
ORDER
(ECF No. 1)

Defendants.
On October 23, 2023, pro se plaintiff Antonio L. Doyle, an inmate in the custody of
the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983
and applied to proceed in forma pauperis. (ECF Nos. 1-1, 1). Plaintiff’s application to
proceed in forma pauperis is incomplete because Plaintiff did not include a complete
inmate trust fund account statement for the previous six-month period with the application.
Plaintiff’ included only the last page of an inmate trust fund account statement, rather than
the full six-month accounting.

Furthermore, the Court notes that Plaintiff’s financial

certificate is very difficult to read. It is not clear whether this is because of the original
document or some issue with it being filed. The Court will deny Plaintiff’s application
without prejudice and give Plaintiff the opportunity to correct these deficiencies by
January 19, 2023.
I.

DISCUSSION
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. R. Prac. LSR 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

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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
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. R. Prac. LSR 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’s application to proceed in forma pauperis is
incomplete. The Court will therefore deny Plaintiff’s application to proceed in forma
pauperis without prejudice and grant Plaintiff an extension of time to either pay the filing
fee or file a new fully complete application to proceed in forma pauperis with all three
required documents.
II.

CONCLUSION
It is therefore ordered that the application to proceed in forma pauperis (ECF No. 1)

is denied without prejudice.
It is further ordered that Plaintiff has until January 19, 2024, to either pay the full
$402 filing fee or file a new 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.
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The Clerk of the Court is directed to send Plaintiff Antonio L. Doyle the approved

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form application to proceed in forma pauperis for an inmate and instructions for the same
and retain the complaint (ECF No. 1-1) but not file it at this time.
DATED THIS 15th day of November 2023.

UNITED STATES MAGISTRATE JUDGE

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