Riggs et al v. Davis et al

Filing 19

ORDER - IT IS THEREFORE ORDERED that Plaintiff Bryan Harmer's application to proceed in forma pauperis for inmates, (ECF No. 3 ), is DENIED as moot. IT IS FURTHER ORDERED that, by no later than April 6, 2025, Harmer will either: (1) fi le a fully complete application to proceed in forma pauperis for non-prisoners; or (2) pay the full filing fee of $405. IT IS FURTHER ORDERED that the Clerk of the Court shall SEND Harmer the approved form application to proceed in forma pauperis by a non-prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application. (Sent on 3/10/2025). IT IS FURTHER ORDERED that, if Harmer fails to timely comply with this order, this ac tion will be subject to dismissal without prejudice. Notice of Compliance is due by 4/6/2025. Signed by Magistrate Judge Carla Baldwin on 3/10/2025. (For Distribution by law library.) (Attachments: # 1 IFP with Instructions) (Copies have been distributed pursuant to the NEF - GA)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
***
DANIEL RIGGS, et al.,

Case No.: 3:24-cv-00443-ART-CLB
Plaintiff,
ORDER

v.
[ECF No. 3]
SCOTT DAVIS, et al.,
Defendants.

I.

DISCUSSION
Plaintiffs Daniel Riggs and Bryan Harmer each filed an application to proceed in

forma pauperis for inmates. (ECF Nos. 1, 3). However, Harmer subsequently filed an
updated address indicating that he is no longer incarcerated. (ECF No. 11). The Court
denies Harmer’s application to proceed in forma pauperis for inmates as moot because
he is no longer incarcerated. The Court now directs Harmer to file an application to
proceed in forma pauperis by a non-prisoner or pay the full filing fee of $405 on or before
April 6, 2025.1
The Court also notes that Under Rule 11 of the Federal Rules of Civil Procedure,
a plaintiff who is not represented by counsel is required to sign any pleading, including
the complaint. Fed. R. Civ. P. 11(a). Furthermore, pro se litigants have no authority to
represent anyone other than themselves. See Cato v. United States, 70 F.3d 1103, 1105
n.1 (9th Cir. 1995); C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir.
1987). As such, Harmer and Riggs will each be required to sign any pleading filed on his

The Court notes that the Prison Litigation Reform Act (“PLRA”) directs that “if a
prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be
required to pay the full amount of a filing fee.” 28 U.S.C. § 1915(b)(1). Because Riggs is
still a prisoner, the PLRA applies to him, and he will be responsible for the full amount of
the filing fee regardless of whether Harmer files an application to proceed in forma
pauperis for non-prisoners or pays the $405 filing fee.
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behalf. It is not clear whether it will be practical for Riggs and Harmer to proceed together
in a single action now that Harmer has been released from custody. The Court defers a
decision regarding joinder of the Plaintiffs. However, if either Plaintiff would prefer to
proceed on his own, he may file a motion requesting that the Court sever this action into
two separate cases.
II.

CONCLUSION
IT IS THEREFORE ORDERED that Plaintiff Bryan Harmer’s application to proceed

in forma pauperis for inmates, (ECF No. 3), is DENIED as moot.
IT IS FURTHER ORDERED that, by no later than April 6, 2025, Harmer will either:
(1) file a fully complete application to proceed in forma pauperis for non-prisoners; or (2)
pay the full filing fee of $405.
IT IS FURTHER ORDERED that the Clerk of the Court shall SEND Harmer the
approved form application to proceed in forma pauperis by a non-prisoner, as well as the
document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that, if Harmer fails to timely comply with this order,
this action will be subject to dismissal without prejudice. A dismissal without prejudice
allows Harmer to refile the case with the Court, under a new case number, when Harmer
can file a complete application to proceed in forma pauperis for non-prisoners or pay the
required filing fee.
DATED THIS 10th day of March 2025.

UNITED STATES MAGISTRATE JUDGE

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