Opinion
2:23-cv-01109-RFB-NJK
08-03-2023
DEMARKO L. HALL, Plaintiffs, v. SCOTT M. CANTOR, et al., Defendants.
ORDER
[DOCKET NO. 4]
Nancy J. Koppe, United States Magistrate Judge
Plaintiff, who is a detainee, has submitted a civil rights complaint, and has filed a renewed application to proceed in forma pauperis. Docket Nos. 1-1, 4.
Plaintiff's renewed application to proceed in forma pauperis is incomplete. “When submitting an application to proceed in forma pauperis, an incarcerated or institutionalized person must simultaneously submit a certificate from the institution certifying the amount of funds currently held in the applicant's trust account at the institution and the net deposits in the applicant's account for the six months before the date of submission of the application.” Local Special Rule 1-2. The applicant must also submit “a certified copy of the trust fund account statement.” 28 U.S.C. § 1915(a)(2). Plaintiff did not submit this certificate or the certified account statement.
Plaintiff's initial application to proceed in forma pauperis was denied without prejudice because the financial certificate and copy of the trust fund account statement were outdated. Docket No. 3 at 1. Plaintiff's renewed application omitted that paperwork altogether.
Accordingly, Plaintiff's renewed application to proceed in forma pauperis, Docket No. 4, is DENIED without prejudice. No later than September 1, 2023, Plaintiff must either (1) file a fully complete application to proceed in forma pauperis, on the correct form with complete financial attachments; or (2) pay the $402 fee for filing a civil action. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN A RECOMMENDATION THAT THE CASE BE DISMISSED.
The Clerk's Office is INSTRUCTED to mail 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.
Plaintiff again attached a motion for appointment of counsel with a caption for another case. See Docket No. 4 at 4-5. If Plaintiff intended to file that motion in this case, it is again DENIED without prejudice as premature at this juncture. See Docket No. 3 at 1 n.1.
IT IS SO ORDERED.