Opinion
2:22-cv-01982-GMN-EJY
12-02-2022
Mitchell Dzik, Plaintiff, v. Johnson, et al., Defendants.
ORDER
ELAYNA J. YOUCHAH, UNITED STATES MAGISTRATE JUDGE
I. DISCUSSION
On November 29, 2022, Plaintiff filed a Civil Rights Complaint under 42 U.S.C. § 1983 together with a Motion for Injunctive Relief and a Motion to Compel. ECF Nos. 1-1, 1-2, 1-3. Plaintiff's submissions do not comply with the Court's Local Special Rule 1-2 governing inmate in forma pauperis.
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. 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.
Plaintiff has not submitted an application to proceed in forma pauperis or paid the required filing fee.
II. ORDER
IT IS HEREBY ORDERED that Plaintiff's Motion to Compel (ECF No. 1-3) is DENIED without prejudice.
IT IS FURTHER ORDERED that on or before January 3, 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 the Clerk of the Court must send Plaintiff the approved form application to proceed in forma pauperis for inmates along with the information and instructions for filing the same.
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 January 3, 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 IFP application or pay the required filing fee.
IT IS FURTHER ORDERED that the Court will retain Plaintiff's Complaint (ECF No. 1-1), but will not file it at this time.