Richardson v. Dikin et al

Filing 3

ORDER denying 1 Motion/Application for Leave to Proceed in forma pauperis. It is further ordered that Plaintiff has until May 5, 2025, to either pay the full $405 filing fee or file documents (see Order for details). Plaintiff is cautioned that this action will be subject to dismissal without prejudice if Plaintiff fails to timely comply with this order. Notice of Compliance is due by 5/5/2025. The Clerk of the Court is directed to send Plaintiff the approved for m application to proceed in forma pauperis for an inmate and instructions for the same (sent on 3/5/2025), and to retain the complaint (ECF No. 1 -1) but not file it at this time. Signed by Magistrate Judge Craig S. Denney on 3/5/2025. (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

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DISTRICT OF NEVADA

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DARYN S. RICHARDSON,
Plaintiff,
v.

Case No.: 3:25-cv-00115-MMD-CSD
ORDER

DIKIN, et al.,
Defendants.

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On February 26, 2025, plaintiff Daryn Richardson, an inmate in the custody of the

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Nevada Department of Corrections, submitted an application to proceed in forma

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pauperis and a civil-rights complaint under 42 U.S.C. § 1983. ECF Nos. 1, 1-1. Plaintiff’s

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in forma pauperis application is incomplete because Plaintiff failed to provide a completed

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financial certificate and an inmate trust fund account statement for the previous six-month

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period with it.

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Plaintiff must pay the required filing fee or file a complete application to proceed in

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forma pauperis to continue with this action. The fee for filing a civil-rights action is $405,

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which includes the $350 filing fee and the $55 administrative fee. See 28 U.S.C.

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§ 1914(b). “Any person who is unable to prepay the fees in a civil case may apply to the

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

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

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

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

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page 3; (2) a completed Financial Certificate, which is page 4 of the Court’s approved

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

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

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month period. See 28 U.S.C. § 1915(a)(1), (2); Nev. 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’s incomplete application to proceed in forma
pauperis (ECF No. 1) is denied without prejudice.

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It is further ordered that Plaintiff has until May 5, 2025, to either pay the full $405

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filing fee or file: (1) a new completed application to proceed in forma pauperis with the

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inmate’s two signatures on page 3, (2) a completed financial certificate that is signed both

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

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account statement for the 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 the approved form application to

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proceed in forma pauperis for an inmate and instructions for the same, and to retain the

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

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DATED: March 5, 2025

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UNITED STATES MAGISTRATE JUDGE

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