Opinion
2:23-cv-01022-CDS-VCF
08-16-2023
KEAIR BOYD, Plaintiff, v. HENRY, et al., Defendants.
ORDER
On July 18, 2023, this Court ordered plaintiff Keair Boyd to either pay the full $402 filing fee for a civil action or file a fully complete application to proceed in forma pauperis with all three required documents by September 18, 2023. (ECF No. 5). Before that deadline expired, Plaintiff filed, among other documents, an application to proceed in forma pauperis that is incomplete because Plaintiff failed to include a financial certificate and an inmate trust fund account statement for the previous six-month period with the application. (ECF No. 6 at 9-11). Considering the foregoing, the Court grants Plaintiff a second extension of time to either pay the required filing fee or file a new fully complete application to proceed in forma pauperis.
It is therefore ordered that the application to proceed in forma pauperis (ECF No. 6) is denied without prejudice.
It is further ordered that Plaintiff has until October 2, 2023, to ether 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 he 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 resend Plaintiff Keion Boyd the approved form application to proceed in forma pauperis for an inmate and instructions for the same.