Williams v. Ely State Prison et al

Filing 4

ORDER - Payment of $405 filing fee or fully compete IFP application due by 4/8/2024. Clerk is directed to send Plaintiff the approved IFP form for an inmate and instructions, and retain the complaint (ECF No. 1 -1) but not file it at this time. Signed by Magistrate Judge Carla Baldwin on 2/6/2024. (Attachments: # 1 IFP form and instructions for distribution to P via ESP Law Library)(Copies have been distributed pursuant to the NEF - DRM)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MARCELL WILLIAMS, 4 5 6 7 Case No. 3:24-cv-00022-ART-CLB Plaintiff ORDER v. ELY STATE PRISON, et al., Defendants 8 9 On January 16, 2024, pro se plaintiff Marcell Williams, an inmate in the custody of 10 the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983. 11 (ECF No. 1-1). But Plaintiff has neither paid the full $405 filing fee for this matter nor filed 12 an application to proceed in forma pauperis. (See ECF No. 1). 13 This Court must collect filing fees from parties initiating civil actions. 28 U.S.C. 14 § 1914(a). As of December 1, 2023, the fee for filing a civil-rights action is $405, which 15 includes the $350 filing fee and the $55 administrative fee. See 28 U.S.C. § 1914(b). “Any 16 person who is unable to prepay the fees in a civil case may apply to the court for leave to 17 proceed in forma pauperis.” Nev. L.R. LSR 1-1. For an inmate to apply for in forma 18 pauperis status, the inmate must submit all three of the following documents to the Court: 19 (1) a completed Application to Proceed in Forma Pauperis for Inmate, which is pages 20 1–3 of the Court’s approved form, that is properly signed by the inmate twice on page 3; 21 (2) a completed Financial Certificate, which is page 4 of the Court’s approved form, that 22 is properly signed by both the inmate and a prison or jail official; and (3) a copy of the 23 inmate’s prison or jail trust fund account statement for the previous six-month 24 period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. L.R. LSR 1-2. In forma pauperis status 25 does not relieve an inmate of his or her obligation to pay the filing fee, it just means that 26 the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b). 27 It is therefore ordered that Plaintiff has until April 8, 2024, to either pay the full 28 $405 filing fee or file a fully complete application to proceed in forma pauperis with all 1 three required documents: (1) a completed application with the inmate’s two signatures 2 on page 3, (2) a completed financial certificate that is signed both by the inmate and the 3 prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the 4 previous six-month period. 5 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if 6 Plaintiff fails to timely comply with this order. A dismissal without prejudice allows Plaintiff 7 to refile the case with the Court, under a new case number, when Plaintiff can file a 8 complete application to proceed in forma pauperis or pay the required filing fee. 9 The Clerk of the Court is directed to send Plaintiff Marcell Williams the approved 10 form application to proceed in forma pauperis for an inmate and instructions for the same 11 and retain the complaint (ECF No. 1-1) but not file it at this time. 12 13 DATED THIS 6th day of February 2024. 14 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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