Opinion
2:22-cv-02084-GMN-VCF
01-26-2023
DAVID BRESSELSMITH, Plaintiff, v. NDOC, et al., Defendants.
ORDER
On December 16, 2022, pro se plaintiff David Bresselsmith, an inmate in the custody of the Nevada Department of Corrections (“NDOC”), submitted a complaint under 42 U.S.C. § 1983 but did not pay the $402 filing fee for a civil action or apply to proceed in forma pauperis. (ECF Nos. 1, 1-1). Plaintiff must either pay the filing fee for a civil action or properly apply to proceed in forma pauperis to proceed with this action.
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 Id. at § 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. LSR 1-1. In forma pauperis status does not relieve an inmate of his or her obligation to pay the filing fee, it just means that the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b).
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 (pages 1-3 of the Court's form) that is properly signed by the inmate twice on page 3; (2) a completed Financial Certificate (page 4 of the Court's 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 id. at § 1915(a)(1)-(2); Nev. LSR 1-2. Even if Plaintiff has not been at the NDOC facility for a full six-month period, he must still submit both a financial certificate and an inmate account statement for the dates he has been at the facility with his application.
IT IS THEREFORE ORDERED that Plaintiff has until March 27, 2023 to either pay the full $402 filing fee or file a 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 he 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 Bresselsmith the approved form application to proceed in forma pauperis for an inmate and instructions for the same and retain the complaint (ECF No. 1 -1) but not file it at this time.