Opinion
2:22-cv-01229-MMD-NJK
11-04-2022
EDDIE RAY GEORGE WASHINGTON BOZARTH, Plaintiffs, v. MEADOW VALLEY JUSTICE COURT, et al., Defendants.
ORDER [DOCKET NO. 9]
Nancy J. Koppe United States Magistrate Judge
Plaintiff is proceeding in this action pro se and submitted a complaint to initiate this case. Docket No. 1. On October 3, 2022, the Court ordered Plaintiff to “either make the necessary arrangements to pay the filing fee, accompanied by a copy of this order, or file a fully complete application to proceed in forma pauperis, including an inmate account statement for the past six months and a properly executed financial certificate.” Docket No. 7 at 2; see also Docket No. 4. Plaintiff filed an application to proceed in forma pauperis, Docket No. 9, which is incomplete because it does not include a certified copy of Plaintiff's inmate account statement for the past six months, see, e.g., 28 U.S.C. § 1915(b)(2) (requiring a prisoner bringing a civil complaint who seeks to proceed in forma pauperis to “submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint”). Accordingly, the application to proceed in forma pauperis is DENIED as incomplete.
Plaintiff notes that he is not an “inmate” because he is a pretrial detainee. See, e.g., Docket No. 9 at 5. For purposes of § 1915, the specific requirements for a “prisoner” to proceed in forma pauperis apply to “any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.” 28 U.S.C. § 1915(h) (emphasis added). Hence, the requirements set forth herein apply to pretrial detainees.
The Court further ORDERS as follows:
1. Plaintiff must either make the necessary arrangements to pay the filing fee, accompanied by a copy of this order, or file a fully complete application to proceed in forma pauperis, including an inmate account statement for the past six months and a properly executed financial certificate.
2. The Clerk of the Court must 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.
3. Plaintiff must comply with this order no later than November 28, 2022. Failure to comply will result in a recommendation to the District Judge that this case be dismissed.
IT IS SO ORDERED.