Opinion
2:22-cv-01961-ART-EJY
12-09-2022
ABEL RONDAN HERNANDEZ, Plaintiff, v. LAS VEGAS CITY, Defendant.
ORDER
ELAYNA J. YOUCHAH, UNITED STATES MAGISTRATE JUDGE
On November 22, 2022, Plaintiff submitted an application to proceed in forma pauperis (“IFP”) together with a Civil Rights Complaint under 42 U.S.C. § 1983; however, the IFP was not submitted on this Court's form, and the necessary financial attachments are missing. ECF Nos. 1, 1-1. Even if Plaintiff has not been at Clark County Detention Center for a full six-month period, he must still submit both a financial certificate and an inmate account statement for the dates he has been incarcerated. 28 U.S.C. § 1915(a)(2); Local Rule LSR 1-2.
Specifically, to proceed in forma pauperis, Plaintiff 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.Id.
Accordingly, IT IS HEREBY ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. 1) is DENIED without prejudice.
IT IS FURTHER ORDERED that on or before January 11, 2023, Plaintiff must either pay the $402 filing fee for a civil action or file with the Court: (1) a complete Application to Proceed in Forma Pauperis for Inmate on the Court's approved form; (2) a Financial Certificate properly signed by both the inmate and a prison or jail official; 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 the Clerk of the Court must send Plaintiff the approved form application to proceed in forma pauperis for inmate along with the information and instructions for filing the same.
IT IS FURTHER ORDERED that failure to either pay the $402 filing fee or file a complete application to proceed in forma pauperis on or before January 11, 2023, will result in a recommendation to dismiss this action without prejudice. A dismissal without prejudice allows Plaintiff to file his case with the Court, under a new case number, when he is able to comply with LSR 2-1 and file a complete application to proceed in forma pauperis or pay the required filing fee.
IT IS FURTHER ORDERED that the Court will retain Plaintiff's Complaint (ECF No. 1-1), but will not file it at this time.