Opinion
2:22-cv-01795-CDS-BNW
11-10-2022
RONALD W. COLLINS, Plaintiff, v. NEVADA DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER
(ECF NO. 4)
BRENDA WEKSLER, UNITED STATES MAGISTRATE JUDGE
On October 26, 2022, pro se plaintiff Ronald Collins, an inmate in the custody of the Nevada Department of Corrections (NDOC), submitted a civil-rights complaint under 42 U.S.C. § 1983. (ECF No. 1). But Plaintiff has neither paid the full fee for filing a civil action nor applied for in forma pauperis status. Plaintiff has filed a notice stating that on October 31, 2022, he submitted a brass slip for $402 to pay the filing fee for this action. (ECF No. 4). The Court has not received any payment from the NDOC for Plaintiff. The Court construes the notice as a motion to extend the time for Plaintiff to either pay the filing fee or apply for in forma pauperis status. And the Court will grant Plaintiff that relief.
I. DISCUSSION
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. Loc. R. 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 28 U.S.C. § 1915(a)(1)-(2); Nev. Loc. R. LSR 1-2. Plaintiff has not paid the filing fee for this action or applied to proceed in forma pauperis. However, as explained above, the Court construes Plaintiff's notice about submitting a brass slip as a motion to extend the time for him to either pay the filing fee or apply for in forma pauperis status.
II. CONCLUSION
IT IS THEREFORE ORDERED that Plaintiff's Notice (ECF No. 4) is construed as a motion to extend the time to either pay the filing fee or properly apply for in forma pauperis status, and that motion is granted.
IT IS FURTHER ORDERED that Plaintiff has until January 10, 2023 to either pay the full $402 filing fee or file a complete application to proceed in forma pauperis with all three required documents: (1) a completed application to proceed in forma pauperis 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 Ronald Williams the approved form application to proceed in forma pauperis for an inmate and instructions for the same and retain the complaint (ECF No. 5 (corrected image)) but not file it at this time.