Edwards v. Casel

Full title: CARL DEAN EDWARDS, Plaintiff, v. JOHN CASEL, et al., Defendants

Court: United States District Court, D. Nevada

Date published: Feb 1, 2011

Case No. 2:10-cv-0973-RLH-GWF (D. Nev. Feb. 1, 2011)

Opinion

Case No. 2:10-cv-0973-RLH-GWF.

February 1, 2011

ORDER In Forma Pauperis Application (#1)

GEORGE FOLEY JR., Magistrate Judge

This matter is before the Court on Plaintiff's Application to Proceed In Forma Pauperis (#1), filed June 18, 2010.

Pursuant to 28 U.S.C. § 1914(a), a filing fee of $350.00 is required to commence a civil action in federal district court. The Court may waive the filing fee where a prisoner-plaintiff complies with the strict application to proceed in forma pauperis filing requirements imposed by the Prison Litigation Reform Act. See 28 U.S.C. § 1915; Page v. Torrey, 201 F.3d 1136, 1139 (9^th Cir. 2000). These include the requirements that prisoner-plaintiff seeking to proceed in forma pauperis 1) submits a certified copy of his prisoner trust fund account statement for the previous six months, 2) pays the full amount of the filing fee and 3) that a prisoner seeking to file an action regarding prison conditions first exhausts available administrative remedies, see 28 U.S.C. § 1915(a)-(b); Page, 201 F.3d at 1139.

In the present application to proceed in forma pauperis, Plaintiff Carl D. Edwards states that he is unable to pay the filing fee. (#1). Upon review and consideration, the Court finds that Plaintiff's application to proceed in forma pauperis does not meet the specific requirements of 28 U.S.C. § 1915. Plaintiff's financial disclosure fails to state his last date of employment and the amount of his last salary. (#1). In addition, Plaintiff has failed to submit a certified copy of his prisoner trust fund account statement for the previous six months as required by 28 U.S.C. § 1915(a)(2). Without this information, Plaintiff's application is incomplete and Court is unable to grant Plaintiff leave to proceed in forma pauperis.

The Court will grant Plaintiff leave to reapply to proceed in forma pauperis by submitting a new application, which shall include the specific information requested on the form and a certified prisoner trust fund statement as required by 28 U.S.C. § 1915(a)(2). Accordingly,

IT IS HEREBY ORDERED that Plaintiff's Application to Proceed In Forma Pauperis (#1) is denied without prejudice.

IT IS FURTHER ORDERED that Plaintiff shall have until thirty (30) days from the date of this order to either pay the appropriate filing fee of $350.00, or submit a completed application, affidavit and certified prisoner trust fund statement. Plaintiff's failure to comply with this order will result in the recommendation that this action be dismissed.

DATED this 31st day of January, 2011.