Opinion
Case No. 3:20-cv-00185-RFB-WGC
04-28-2020
MITCHELL KEITH GOODRUM, Plaintiff, v. STATE OF NEVADA, et al., Defendants.
ORDER
I. DISCUSSION
On March 23, 2020, Plaintiff, an inmate in the custody of the Nevada Department of Corrections ("NDOC"), filed an application to proceed in forma pauperis and a motion for appointment of counsel. (ECF Nos. 1, 1-1). Plaintiff did not file a complaint or an application to proceed in forma pauperis on this Court's approved form with complete financial attachments.
On March 24, 2020, this Court issued an order directing Plaintiff to file a complaint and 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).
On April 22, 2020, Plaintiff filed an application to proceed in forma pauperis. (ECF No. 4). Plaintiff's application to proceed in forma pauperis is incomplete. Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed financial certificate. Plaintiff has not submitted a properly executed financial certificate or an inmate account statement for the past six months. (See ECF No. 4). As such, the in forma pauperis application at ECF No. 4 is denied without prejudice.
Plaintiff will be granted one final opportunity to cure the deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the full $400 filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma pauperis, he must file a fully complete application to proceed in forma pauperis, including a properly executed financial certificate and inmate account statement for the past six months, no later than June 12, 2020. If Plaintiff files another incomplete application to proceed in forma pauperis, the Court will dismiss the case in its entirety, without prejudice, for Plaintiff to file a new case when Plaintiff is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. 4) is DENIED without prejudice to file a new fully complete application.
IT IS FURTHER ORDERED that the Clerk of the Court WILL SEND Plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that no later than June 12, 2020, Plaintiff will 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's next application to proceed in forma pauperis is incomplete, the Court will dismiss the case, without prejudice, for Plaintiff to file a new case when he is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.
IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result.
DATED: April 28, 2020
/s/_________
UNITED STATES MAGISTRATE JUDGE