Nicolari v. Douglas County, NV

Filing 4

ORDER - Plaintiff's IFP application ECF No. 2 is DENIED WITHOUT PREJUDICE. The Clerk shall SEND Plaintiff the long form IFP application and instructions for the same. (Mailed on 5/9/2024). Plaintiff has 30 days (due b y 6/7/2024) from the date of this Order to either file the long form IFP application or pay the $405 filing fee. If Plaintiff fails to timely comply with this Order, Plaintiff's action may be dismissed without prejudice. Signed by Magistrate Judge Craig S. Denney on 5/8/2024. (Attachments: # 1 IFP form with Instructions)(Copies have been distributed pursuant to the NEF - GA)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 PAUL D. NICOLARI, 4 Case No.: 3:24-cv-00169-ART-CSD Order Plaintiff 5 v. Re: ECF Nos. 2, 2-1 6 DOUGLAS COUNTY, NEVADA, 7 Defendant 8 9 Plaintiff has filed an application to proceed in forma pauperis (IFP) (ECF No. 2) and pro 10 se complaint (ECF No. 2-1). 11 12 I. IFP APPLICATION A person may be granted permission to proceed IFP if the person “submits an affidavit 13 that includes a statement of all assets such [person] possesses [and] that the person is unable to 14 pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense 15 or appeal and affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1); Lopez 16 v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc) (stating that 28 U.S.C. § 1915 applies to 17 all actions filed IFP, not just prisoner actions). 18 The Local Rules of Practice for the District of Nevada provide: “Any person who is 19 unable to prepay the fees in a civil case may apply to the court for authority to proceed [IFP]. 20 The application must be made on the form provided by the court and must include a financial 21 affidavit disclosing the applicant’s income, assets, expenses, and liabilities.” LSR 1-1. 22 “[T]he supporting affidavits [must] state the facts as to [the] affiant’s poverty with some 23 particularity, definiteness and certainty.” U.S. v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) 1 (quotation marks and citation omitted). A litigant need not “be absolutely destitute to enjoy the 2 benefits of the statute.” Adkins v. E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339 (1948). 3 Plaintiff submitted the court’s short form IFP application. The form indicates that 4 Plaintiff’s take-home wages are $853.11 bi-weekly. The expenses listed include rent, an auto 5 loan, a motorcycle loan, a line of credit and credit cards, and amount to $3,684. Plaintiff does 6 state, however, that he has $14,000 in cash or in a checking or savings account. In light of this 7 last fact, it seems Plaintiff could pay the filing fee. The court will deny Plaintiff’s IFP application 8 without prejudice, and allow Plaintiff to either submit a new IFP application on the court’s long 9 form or pay the $405 filing fee. 10 11 II. CONCLUSION Plaintiff’s IFP application (ECF No. 2) is DENIED WITHOUT PREJUDICE. The 12 Clerk shall SEND Plaintiff the long form IFP application and instructions for the same. Plaintiff 13 has 30 days from the date of this Order to either file the long form IFP application or pay the 14 $405 filing fee. If Plaintiff fails to timely comply with this Order, Plaintiff’s action may be 15 dismissed without prejudice. 16 IT IS SO ORDERED. 17 18 Dated: May 8, 2024 19 _________________________________ Craig S. Denney United States Magistrate Judge 20 21 22 23 2

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