Opinion
3:23-CV-00057-ART-CLB
02-08-2023
ANTHONY MICHAEL GIOIOSA, Plaintiff v. MOTION TO SUCCESSOR, Defendant.
ORDER TO PAY FILING FEE OR FILE APPLICATION TO PROCEED IN FORMA PAUPERIS
I. DISCUSSION
On February 7, 2023, Plaintiff Anthony Michael Gioiosa (“Gioiosa”), 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. 1-1). Gioiosa has neither paid the full $402 filing fee for this matter nor filed an application to proceed in forma pauperis.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin a civil action in this Court may apply to proceed in forma pauperis in order to file the civil action without prepaying the full $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 , 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 .
The Court will grant Gioiosa a one-time opportunity to file a fully complete application to proceed in forma pauperis containing all three of the required documents, or in the alternative, pay the full $402 filing fee for this action on or before Monday, March 27, 2023. Absent unusual circumstances, the Court will not grant any further extensions of time.
If Gioiosa is unable to file a fully complete application to proceed in forma pauperis with all three required documents or pay the full $402 filing fee on or before Monday, March 27, 2023, this case will be subject to dismissal without prejudice for Gioiosa to file a new case with the Court when Gioiosa is either able to acquire all three of the documents needed to file a fully complete application to proceed in forma pauperis or pays the full $402 filing fee.
A dismissal without prejudice means Gioiosa does not give up the right to refile the case with the Court, under a new case number, when Gioiosa has all three documents needed to submit with an application to proceed in forma pauperis. Alternatively, Gioiosa may choose not to file an application to proceed in forma pauperis and instead pay the full filing fee of $402 on or before Monday, March 27, 2023 to proceed with this case.
The Court will retain Gioiosa's civil rights complaint (ECF No. 1-1), but the Court will not file the complaint unless and until Gioiosa timely files a fully complete application to proceed in forma pauperis with all three documents or pays the full $402 filing fee.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will SEND Gioiosa the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that on or before Monday, March 27, 2023, Gioiosa will either pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 administrative fee) or file with 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 of the form 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 .
IT IS FURTHER ORDERED that, if Gioiosa does not file a fully complete application to proceed in forma pauperis with all three documents or pay the full $402 filing fee for a civil action on or before Monday, March 27, 2023, this case will be subject to dismissal without prejudice for Gioiosa to refile the case with the Court, under a new case number, when Gioiosa has all three documents needed to file a complete application to proceed in forma pauperis or pays the full $402 filing fee.
IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint (ECF No. 1 -1) but will not file it at this time.
IT IS SO ORDERED.