Carroll v. Mitchell et al

Filing 4

ORDER - Carroll's incomplete application to proceed in forma pauperis, (ECF No. #1 ), is DENIED with leave to refile. IT IS FURTHER ORDERED that the Clerk of the Court will SEND Carroll the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application. IT IS FURTHER ORDERED that on or before Monday, June 24, 2024, Carroll will either pay the full $405 filing fee for a civil action. Signed by Magistrate Judge Carla Baldwin on 5/10/2024. (For Distribution by law library.) (Attachments: #1 IFP form/Instructions)(Copies have been distributed pursuant to the NEF - DLS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MARSCEL CARROLL,

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Plaintiff

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Case No. 3:24-CV-00204-LRH-CLB

v.

ORDER TO EITHER PAY FILING FEE OR
FILE COMPLETE APPLICATION TO
PROCEED IN FORMA PAUPERIS

KENDRA MITCHELL, et. al.,

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Defendants.

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I.

DISCUSSION

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On May 8, 2024, Plaintiff Marscel Carroll (“Carroll”), an inmate in the custody of

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the Nevada Department of Corrections (“NDOC”), submitted a civil rights complaint with

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the Court. (ECF No. 1-1.) Carroll also submitted an application to proceed in forma

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pauperis, (ECF No. 1), however the application is incomplete.

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Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to

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begin a civil action in this Court may apply to proceed in forma pauperis in order to file

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the civil action without prepaying the full $405 filing fee. To apply for in forma pauperis

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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, this

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Court’s approved form (i.e., pages 1 through 3 with the inmate’s two signatures on

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page 3),

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(2) a Financial Certificate properly signed by both the inmate and a prison or jail

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official (i.e., page 4 of this Court’s approved form), and

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

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previous six-month period.

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Because Carroll’s application to proceed in forma pauperis is incomplete, it is

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denied, with leave to refile. The Court will grant Carroll a one-time opportunity to file a

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fully complete application to proceed in forma pauperis containing all three of the required

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documents, or in the alternative, pay the full $405 filing fee for this action on or before

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Monday, June 24, 2024. Absent unusual circumstances, the Court will not grant any

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further extensions of time.

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If Carroll is unable to file a fully complete application to proceed in forma pauperis

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with all three required documents or pay the full $405 filing fee on or before Monday,

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June 24, 2024, this case will be subject to dismissal without prejudice for Carroll to file a

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new case with the Court when Carroll is either able to acquire all three of the documents

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needed to file a fully complete application to proceed in forma pauperis or pays the full

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$405 filing fee.

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A dismissal without prejudice means Carroll does not give up the right to refile the

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case with the Court, under a new case number, when Carroll has all three documents

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needed to submit with an application to proceed in forma pauperis. Alternatively, Carroll

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may choose not to file an application to proceed in forma pauperis and instead pay the

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full filing fee of $405 on or before Monday, June 24, 2024 to proceed with this case.

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II.

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CONCLUSION
For the foregoing reasons, IT IS ORDERED that Carroll’s incomplete application

to proceed in forma pauperis, (ECF No. 1), is DENIED with leave to refile.

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IT IS FURTHER ORDERED that the Clerk of the Court will SEND Carroll the

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approved form application to proceed in forma pauperis by an inmate, as well as the

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document entitled information and instructions for filing an in forma pauperis application.

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IT IS FURTHER ORDERED that on or before Monday, June 24, 2024, Carroll will

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either pay the full $405 filing fee for a civil action (which includes the $350 filing fee and

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the $55 administrative fee) or file with the Court:

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(1) a completed Application to Proceed in Forma Pauperis for Inmate on this

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Court’s approved form (i.e., pages 1 through 3 of the form with the inmate’s two

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signatures on page 3),

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(2) a Financial Certificate properly signed by both the inmate and a prison or jail

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official (i.e., page 4 of this Court’s approved form), and

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

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previous six-month period.

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IT IS FURTHER ORDERED that, if Carroll does not file a fully complete application

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to proceed in forma pauperis with all three documents or pay the full $405 filing fee for a

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civil action on or before Monday, June 24, 2024, this case will be subject to dismissal

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without prejudice for Carroll to refile the case with the Court, under a new case number,

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when Carroll has all three documents needed to file a complete application to proceed in

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forma pauperis or pays the full $405 filing fee.

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IT IS SO ORDERED.

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May 10, 2024
DATED: ___________________

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UNITED STATES MAGISTRATE JUDGE

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