Opinion
2:22-cv-01951-JAD-NJK
02-13-2023
MARSHA BYRD, Plaintiff, v. JOSEPH Z. GERSTEN, et al., Defendant.
ORDER
NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE
I. DISCUSSION
On December 13, 2022, this Court issued an order granting Plaintiff until February 10, 2023, to either pay the full $402 filing fee for a civil action or to submit a fully complete application to proceed in forma pauperis with all three required documents. Docket No. 3. In response, Plaintiff submitted the first three pages of this Court's approved application but did not submit a completed financial certificate and an inmate trust fund account statement. Docket No. 4.
The Court grants Plaintiff an extension of time until March 17, 2023, to either pay the full $402 filing fee or file both a completed financial certificate signed both by the inmate and the prison or jail official and a copy of the inmate's trust fund account statement for the previous sixmonth period.
II. CONCLUSION
It is therefore ordered that Plaintiff has until March 17, 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 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 Marsha Byrd the approved form application to proceed in forma pauperis for an inmate and instructions for the same.
IT IS SO ORDERED.