Canales v. E.S.P.

Filing 10

ORDER - Plaintiff's motion for an extension to file the complaint (ECF No. 7 ) is granted. The Court accepts the complaint filed at ECF No. 8 . Clerk will send Plaintiff the approved IFP application form. (Attached.) $402 filing fee or IFP application due by 6/7/2024. Signed by Magistrate Judge Craig S. Denney on 5/8/2024. (For Distribution by law library.) (Attachments: # 1 IFP Form w intructions)(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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SANTIAGO CANALES,

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ORDER

Plaintiff

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Case No. 3:24-cv-00020-ART-CSD

v.
E.S.P., et al.,

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Defendants

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I.

DISCUSSION

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On January 28, 2024, the Court denied Plaintiff’s application to proceed in forma

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pauperis as incomplete and directed Plaintiff to file a new fully complete application to

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proceed in forma pauperis or pay the $402 filing fee by March 18, 2024. (ECF No. 6).

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The Court also directed Plaintiff to file a complaint. (Id.).

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Plaintiff filed a motion for an extension to file a complaint, and later filed a

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complaint. (ECF Nos. 7, 8). Plaintiff subsequently filed a motion for appoint of counsel

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(ECF No. 9). At the end of the motion for appointment of counsel, Plaintiff included a

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financial certificate and a 6-month trust fund account statement. (Id. at 11-18). However,

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Plaintiff has never filed an actual application to proceed in forma pauperis on this Court’s

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approved form. The Court grants Plaintiff’s motion for an extension to file the complaint

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and accepts the complaint filed at ECF No. 8.

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application to proceed in forma pauperis on this Court’s approved form.

However, Plaintiff must still file an

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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. R. Prac. LSR 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. R. Prac. LSR 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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II.

CONCLUSION

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For the foregoing reasons, it is ordered that Plaintiff’s motion for an extension to

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file the complaint (ECF No. 7) is granted. The Court accepts the complaint filed at ECF

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No. 8.

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It is further ordered that the Clerk of the Court will send Plaintiff the approved form

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application to proceed in forma pauperis by an inmate, as well as the document entitled

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information and instructions for filing an in forma pauperis application.

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It is further ordered that Plaintiff has until June 7, 2024, to either pay the full $402

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filing fee or file an application to proceed in forma pauperis on this Court’s approved form.

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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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DATED THIS 8th day of May 2024.
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UNITED STATES MAGISTRATE JUDGE

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