Opinion
2:22-cv-1968-GMN-DJA
01-10-2023
DAVID BOOKER, Plaintiff, v. JOSEPH LOMBARDO, Defendant.
ORDER (ECF NOS. 1, 5)
Pro se plaintiff David Booker, an inmate housed in Clark County Detention Center, has submitted a complaint under 42 U.S.C. § 1983, filed a second complaint, and filed two applications to proceed in forma pauperis. (ECF Nos. 1, 1-1, 3, 5). Plaintiff's applications to proceed in forma pauperis are incomplete because Plaintiff did not use the Court's approved form application and failed to include a financial certificate and an inmate trust fund account statement for the previous six-month period with either application. Even if Plaintiff has not been at CCDC for a full six-month period, he must still submit both a financial certificate and an inmate account statement for the dates that he has been at the facility. 28 U.S.C. § 1915(a)(2); Nev. Loc. R. Prac. LSR 1-2.
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.
It is therefore ordered that the applications to proceed in forma pauperis (ECF Nos. 1,5) are denied without prejudice.
It is further ordered that Plaintiff has until March 13, 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 David Booker the approved form i application to proceed in forma pauperis for an inmate and instructions for the same and retain the original complaint (ECF No. 1 -1) but not file it at this time.