Opinion
Case No. 3:19-cv-00378-MMD-CLB
03-23-2020
FREDRICK D. BORDEN, Plaintiff v. WARDEN WILLIAM GITTERE, et al., Defendants
ORDER
I. DISCUSSION
Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections ("NDOC"), has submitted a civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1-1). Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed in forma pauperis.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis on this Court's approved form and attach both an inmate account statement for the past six months and a properly executed financial certificate. Plaintiff has already filed his inmate account statement and financial certificate at ECF No. 1-2, however, Plaintiff has not filed an application to proceed in forma pauperis on this Court's approved form. As such, the Court will retain Plaintiff's civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed in forma pauperis on this Court's approved form, or in the alternative, pay the full $400 filing fee for this action. If Plaintiff chooses to file an application to proceed in forma pauperis, he must file an application to proceed in forma pauperis on this Court's approved form within forty-five days from the date of this order.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court WILL 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 within forty-five (45) days from the date of this order, Plaintiff must either: (1) file an application to proceed in forma pauperis, on this Court's approved form; 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 does not timely comply with this order, dismissal of this action may result.
IT IS FURTHER ORDERED that the Clerk of the Court will retain Plaintiff's complaint (ECF No. 1-1) but will not file it at this time.
DATED: March 23, 2020.
/s/_________
UNITED STATES MAGISTRATE JUDGE