Opinion
Case No. 2:20-cv-01709-KJD-VCF
12-07-2020
ANTHONY BAILEY, Plaintiff v. N.D.O.C., et al., Defendants
ORDER
I. DISCUSSION
On September 23, 2020 and November 24, 2020, this Court ordered Plaintiff to file a fully complete application to proceed in forma pauperis or pay the full $400 filing fee for a civil action. (ECF Nos. 3 and 5). On December 2, 2020, Plaintiff filed a motion to clarify. (ECF No. 6).
To date, Plaintiff has not filed an income account statement for the previous six-month period with his applications to proceed in forma pauperis at ECF Nos. 1 and 4. The Court cannot proceed in this case until Plaintiff files a fully complete application to proceed in forma pauperis including an income account statement for the previous six-month period or pays the $400 filing fee.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin a civil action in this Court may apply to proceed in forma pauperis in order to file the civil action without prepaying the full $400 filing fee. 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 , this Court's approved form (i.e., pages 1 through 3 with the inmate's two signatures on page 3),
(2) a Financial Certificate properly signed by both the inmate and a prison or jail official (i.e., page 4 of this Court's approved form), and
(3) a copy of the inmate's prison or jail trust fund account statement for the previous six-month period.
The Court will grant Plaintiff until February 2, 2021 to file a fully complete application to proceed in forma pauperis containing all three of the required documents. Plaintiff shall file a fully complete application to proceed in forma pauperis, including a fully executed and current Financial Certificate and an inmate account statement for the previous six-month period or pay the full $400 filing fee on or before February 2, 2021. Absent unusual circumstances, the Court will not grant any further extensions of time.
If Plaintiff does not file a fully complete application to proceed in forma pauperis with all three required documents on or before February 2, 2021, this case will be subject to dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to acquire all three of the documents needed to file a fully complete application to proceed in forma pauperis or pays the full $400 filing fee.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff's motion to clarify (ECF No. 6) is denied as moot.
IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff 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 February 2, 2021, Plaintiff will either pay the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 administrative fee) or file with the Court:
(1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court's approved form (i.e. pages 1 through 3 of the form with the inmate's two signatures on page 3),
(2) a Financial Certificate properly signed by both the inmate and a prison or jail official (i.e. page 4 of this Court's approved form), and
(3) a copy of the inmate's prison or jail trust fund account statement for the previous six-month period.
IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to proceed in forma pauperis with all three documents or pay the full $400 filing fee for a civil action on or before February 2, 2021, this case will be subject to dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff has all three documents needed to file a complete application to proceed in forma pauperis or pays the the full $400 filing fee.
IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint (ECF No.1-1) but will not file it at this time.
DATED: 12-7-2020
/s/_________
UNITED STATES MAGISTRATE JUDGE