Roberts v. Washoe County Sheriffs Detention Facility et al

Filing 3

ORDER - Plaintiff has until April 8, 2024, to either pay the full $405 filing fee or file with the Court a copy of the inmate's trust fund account statement for the previous six-month period or, if shorter, the dates hes been at WC DF. Clerk is directed to send Plaintiff the approved IFP application form and instructions and retain the complaint (ECF No. 1 -1) but not file it at this time. (Form and instructions mailed to P at WCDF on 2/6/2024.) Signed by Magistrate Judge Craig S. Denney on 2/6/2024. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 DISTRICT OF NEVADA LAMONT ROBERTS, Plaintiff, v. Case No.: 3:24-cv-00039-ART-CSD ORDER WASHOE COUNTY SHERIFFS DETENTION FACILITY, et al., Defendants. On January 24, 2024, pro se plaintiff Lamont Roberts, an inmate at Washoe County Detention Facility (“WCDF”), submitted a complaint under 42 U.S.C. § 1983 and applied to proceed in forma pauperis. (ECF Nos. 1-1, 1). The application to proceed in forma pauperis is incomplete because Plaintiff failed to submit an inmate trust fund account statement for the previous six-month period with it. Even if Plaintiff has not been at WCDF for a full six-month period, he must still submit both a financial certificate and an account statement for the dates that he has been at the facility. This Court must collect filing fees from parties initiating civil actions. 28 U.S.C. § 1914(a). As of December 1, 2023, the fee for filing a civil-rights action is $405, which includes the $350 filing fee and the $55 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. L.R. 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 signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is 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. L.R. LSR 1-2. In forma pauperis status 1 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 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). It is therefore ordered that Plaintiff has until April 8, 2024, to either pay the full $405 filing fee or file with the Court a copy of the inmate’s trust fund account statement for the previous six-month period or, if shorter, the dates he’s been at WCDF. Plaintiff is cautioned that this action will be subject to dismissal without prejudice if he 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 he can file a complete application to proceed in forma pauperis or pay the required filing fee. The Clerk of the Court is directed to send Plaintiff Lamont Roberts the approved 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 6th day of February 2024. UNITED STATES MAGISTRATE JUDGE 2

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