Opinion
2:23-cv-00511-ART-EJY
05-23-2023
COURTNEY CARADINE, Plaintiff, v. CLARK COUNTY DETENTION CENTER, et al., Defendants.
ORDER
ANNE R. TRAUM UNITED STATES DISTRICT JUDGE
I. DISCUSSION
On April 11, 2023, U.S. Magistrate Judge Elayna J. Youchah issued an order denying Plaintiff's application to proceed in forma pauperis as incomplete and issued a report and recommendation (“R&R”) denying Plaintiff's complaint without prejudice with leave to amend. (ECF No. 3). Plaintiff had until April 25, 2023, to file any objections to the R&R. Plaintiff did not file any objections and instead filed a subsequent application to proceed in forma pauperis (ECF No. 5) and a first amended complaint (“FAC”) (ECF No. 6).
The Court now denies the R&R as moot because Plaintiff has filed an FAC which is now the operative complaint. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989) (holding that “[t]he fact that a party was named in the original complaint is irrelevant; an amended pleading supersedes the original”). The Court will screen the FAC in a separate order pending the resolution of the matter of the filing fee.
Plaintiff's application to proceed in forma pauperis (ECF No. 5) is incomplete because Plaintiff did not include a completed financial certificate and an inmate trust fund account statement for the previous six-month period with the application. The Court will deny Plaintiff's application without prejudice and give Plaintiff the opportunity to correct these deficiencies by July 17, 2023.
The United States District Court for the District of Nevada must collect filing fees from parties initiating civil actions. 28 U.S.C. § 1914(a). The fee for filing a civil-rights action is $402, which includes the $350 filing fee and the $52 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. Loc. R. Prac. 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. Loc. R. Prac. LSR 1-2. In forma pauperis status 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).
As explained above, Plaintiff's application to proceed in forma pauperis is incomplete. The Court will therefore deny Plaintiff's application to proceed in forma pauperis without prejudice and grant Plaintiff an extension of time to either pay the filing fee or file a new fully complete application to proceed in forma pauperis with all three required documents.
II. CONCLUSION
It is therefore ordered that Judge Youchah's Report and Recommendation (ECF No. 3) is denied as moot.
It is further ordered that the application to proceed in forma pauperis (ECF No. 5) is denied without prejudice.
It is further ordered that Plaintiff has until July 17, 2023, to either pay the full $402 filing fee or file a new fully complete application to proceed in forma pauperis with all three required documents: (1) a completed application with the inmate's two signatures on page 3, (2) a completed financial certificate that is signed both by the inmate and the prison or jail official, and (3) a copy of the inmate's trust fund account statement for the previous six-month period.
Plaintiff is cautioned that this action will be subject to dismissal without prejudice if Plaintiff 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 Plaintiff 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 the approved form application to proceed in forma pauperis for an inmate and instructions for the same and retain the FAC (ECF No. 6).