Opinion
2:22-cv-00113-APG-EJY
01-26-2022
ANTHONY MICHAEL GIOIOSA, SR., Plaintiff, v. PAROLE RESULTS CONTINUED, Defendant.
ORDER
ELAYNA J. YOUCHAH, UNITED STATES MAGISTRATE JUDGE
I. DISCUSSION
On January 20, 2022, Plaintiff, an inmate in the custody of the Nevada Department of Corrections, submitted an untitled document (ECF No. 1-1) to the Court that included his social security number. Plaintiff has not filed a complaint or an application to proceed in forma pauperis.
Under Federal Rule of Civil Procedure 3, “[a] civil action is commenced by filing a complaint with the court.” Fed.R.Civ.P. 3. To proceed in forma pauperis under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, which allows an inmate who seeks to commence a civil action without prepaying the $402 filing fee, 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 .
The Court will grant Plaintiff a one-time extension to file a complaint and a complete application to proceed in forma pauperis containing all three of the required documents, on or before March 25, 2022. Absent unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff is unable to file a complaint and a complete application to proceed in forma pauperis with all three required documents on or before March 25, 2022, this case will be subject to dismissal without prejudice. Plaintiff is free to file a new case with the Court when Plaintiff is able to file a complaint and acquire all three of the documents needed to file a complete application to proceed in forma pauperis.
A dismissal without prejudice means Plaintiff does not give up the right to refile the case with the Court, under a new case number, when Plaintiff is able to file a complaint and has all three documents needed to submit with an application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file an application to proceed in forma pauperis and instead pay the filing fee of $402 on or before March 25, 2022, to proceed with this case.
II. ORDER
For the foregoing reasons, IT IS HEREBY ORDERED that Plaintiff will submit a complaint to this Court on or before March 25, 2022.
IT IS FURTHER ORDERED that the Clerk of the Court will redact Plaintiff's social security number in the untitled document (ECF No. 1-1).
IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The Clerk of the Court will also send Plaintiff a copy of his redacted, untitled document. ECF No. 1-1.
IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff 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 March 25, 2022, Plaintiff will either pay the $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 Plaintiff does not file a complaint and a complete application to proceed in forma pauperis with all three documents or pay the $402 filing fee for a civil action on or before March 25, 2022, this case will be subject to dismissal without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff is able to file a complaint and has all three documents needed to file a complete application to proceed in forma pauperis or pays the $402 filing fee.