Opinion
2:22-cv-02175-CDS-EJY
01-13-2023
JOSEPH DOWNING, JR., Plaintiff, v. STATE OF NEVADA, et al., Defendants.
ORDER
ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE
On December 30, 2022, Plaintiff filed a Civil Rights Complaint under 42 U.S.C. § 1983. ECF No. 1-1. Plaintiff did not submit a complete application to proceed in forma pauperis or pay the $402 filing fee. Under 28 U.S.C. § 1915(a)(2) and LSR 1-2, an inmate seeking to commence a civil action in this Court may apply to proceed in forma pauperis, which allows the inmate to file the civil action without prepaying the $402 filing fee or pay the filing fee.
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, on this Court's approved form (i.e. pages 1 through 3 with the inmate's two signatures on page 3), (2) a Financial Certificate properly signed by both the inmate and a prison or jail official (i.e. page 4 of this Court's approved form), and (3) a copy of the inmate's prison or jail trust fund account statement for the previous six-month period.
Accordingly, IT IS HEREBY ORDERED that on or before February 13, 2023, Plaintiff must either pay the $402 filing fee for a civil action or file with the Court: (1) a complete Application to Proceed in Forma Pauperis for Inmate on the Court's approved form; (2) a Financial Certificate 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.
IT IS FURTHER ORDERED that failure to either pay the $402 filing fee or file a complete application to proceed in forma pauperis on or before February 13, 2023, will result in a recommendation to dismiss this action without prejudice. A dismissal without prejudice allows Plaintiff to file his case with the Court, under a new case number, when he is able to comply with LSR 2-1 and file a complete application to proceed in forma pauperis or pay the required filing fee.
IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis for inmate along with the information and instructions for filing the same.
IT IS FURTHER ORDERED that the Court will retain Plaintiff's Complaint (ECF No. 1-1), but will not file it at this time.