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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARCELL WILLIAMS,

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Case No. 3:24-cv-00022-ART-CLB
Plaintiff

ORDER

v.
ELY STATE PRISON, et al.,
Defendants

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On January 16, 2024, pro se plaintiff Marcell Williams, an inmate in the custody of

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the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983.

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(ECF No. 1-1). But Plaintiff has neither paid the full $405 filing fee for this matter nor filed

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an application to proceed in forma pauperis. (See ECF No. 1).

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This Court must collect filing fees from parties initiating civil actions. 28 U.S.C.

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§ 1914(a). As of December 1, 2023, the fee for filing a civil-rights action is $405, which

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includes the $350 filing fee and the $55 administrative fee. See 28 U.S.C. § 1914(b). “Any

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person who is unable to prepay the fees in a civil case may apply to the court for leave to

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proceed in forma pauperis.” Nev. L.R. LSR 1-1. For an inmate to apply for in forma

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pauperis status, the inmate must submit all three of the following documents to the Court:

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(1) a completed Application to Proceed in Forma Pauperis for Inmate, which is pages

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1–3 of the Court’s approved form, that is properly signed by the inmate twice on page 3;

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(2) a completed Financial Certificate, which is page 4 of the Court’s approved form, that

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is properly signed by both the inmate and a prison or jail official; and (3) a copy of the

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inmate’s prison or jail trust fund account statement for the previous six-month

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period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. L.R. LSR 1-2. In forma pauperis status

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does not relieve an inmate of his or her obligation to pay the filing fee, it just means that

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the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b).

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It is therefore ordered that Plaintiff has until April 8, 2024, to either pay the full

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$405 filing fee or file a fully complete application to proceed in forma pauperis with all

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three required documents: (1) a completed application with the inmate’s two signatures

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on page 3, (2) a completed financial certificate that is signed both by the inmate and the

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prison or jail official, and (3) a copy of the inmate’s trust fund account statement for the

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previous six-month period.

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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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The Clerk of the Court is directed to send Plaintiff Marcell Williams the approved

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form application to proceed in forma pauperis for an inmate and instructions for the same

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and retain the complaint (ECF No. 1-1) but not file it at this time.

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DATED THIS 6th day of February

2024.

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UNITED STATES MAGISTRATE JUDGE

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