Opinion
2:15-cv-02272-GMN-GWF
01-05-2016
CHARLES BECOAT, Plaintiff, v. MONTE JORDANA LEVY, Defendant.
ORDER
I. DISCUSSION
On December 7, 2015, this Court issued an order directing Plaintiff to file a fully complete application to proceed in forma pauperis or pay the full $400 filing fee within 30 days from the date of that order. (ECF No. 2 at 2). On December 21, 2015, the Court directed Plaintiff to file an amended complaint and to timely comply with the December 7, 2015 order. (ECF No. 5 at 2-3). On December 22, 2015, Plaintiff filed an incomplete application to proceed in forma pauperis. (ECF No. 6). In a letter to the Court, Plaintiff explained that the head librarian told him that it would take over 30 days for Plaintiff to receive a completed financial certificate from Carson City, Nevada. (ECF No. 6-1 at 1). In his motion to waive filing fee, Plaintiff states that he will send the completed in forma pauperis forms when he receives his financial certificate and six month accounting statement. (ECF No. 7 at 3). On December 31, 2015, Plaintiff filed another incomplete application to proceed in forma pauperis and an amended complaint. (ECF No. 8, 8-1).
Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed financial certificate. Plaintiff has not submitted a properly executed financial certificate or an inmate account statement. (See ECF No. 6, 7, 8). As such, the in forma pauperis applications are denied without prejudice. The Court will retain Plaintiff's amended civil rights complaint (ECF No. 8-1), but will not file it until the matter of the payment of the filing fee is resolved.
The Court grants Plaintiff an extension until Friday, February 19, 2016, to file a fully complete application to proceed in forma pauperis or, in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma pauperis he must file a fully complete application to proceed in forma pauperis. If Plaintiff files another incomplete application to proceed in forma pauperis, the Court will dismiss the case in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff's applications to proceed in forma pauperis (ECF No. 6, 7, 8) are DENIED without prejudice to file a new application.
IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that on or before Friday, February 19, 2016, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee).
IT IS FURTHER ORDERED that, if Plaintiff's next application to proceed in forma pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a new case when he is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain the amended complaint (ECF No. 8-1), but shall not file it at this time.
DATED: This 5th day of January 2016.
/s/_________
United States Magistrate Judge