Opinion
Case No. 2:20-cv-00351-APG-EJY
04-21-2020
CARLOS G. GARCIA, Plaintiff v. WILLIAM GITTRE, et al., Defendants.
ORDER
I. DISCUSSION
On February 21, 2020, this Court ordered Plaintiff to file a fully complete application to proceed in forma pauperis or pay the full $400 filing fee for a civil action within sixty (60) days from the date of that order. (ECF No. 3 at 2). On April 17, 2020, Plaintiff filed a motion for an extension of time for an additional 90 days to file a fully complete application to proceed in forma pauperis or for dismissal of this case without prejudice to refile at a later date because he had not yet received his financial certificate or inmate account statement for the past six months from the Nevada Department of Corrections ("NDOC") (ECF No. 4 at 1).
The Court now grants Plaintiff's motion for an extension of time, in part, and will allow Plaintiff an additional sixty (60) days to file his fully complete application to proceed in forma pauperis or pay the full $400 filing fee. As such, Plaintiff shall file a fully complete application to proceed in forma pauperis with complete financial attachments or pay the full $400 filing fee on or before June 22, 2020. If Plaintiff is unable to file a fully complete application to proceed in forma pauperis with complete financial attachments or pay the full $400 filing fee on or before June 22, 2020, the Court will dismiss this case without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to acquire all of the documents needed to file a fully complete application to proceed in forma pauperis or pay the $400 filing fee.
II. CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff's Motion to Extend Deadline or Dismissal of Above Named Case Without Prejudice to Refile at a Later Date (ECF No. 4) is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that on or before June 22, 2020, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee).
IT IS FURTHER ORDERED that, if Plaintiff is unable to file a fully complete application to proceed in forma pauperis with complete financial attachments or pay the full $400 filing fee on or before June 22, 2020, the Court will dismiss this case without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to acquire all of the documents needed to file a fully complete application to proceed in forma pauperis or pay the full $400 filing fee.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain Plaintiff's Complaint at ECF No. 1-1 but will not file it at this time.
DATED: April 21, 2020
/s/_________
ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE