Opinion
Case No. 2:20-cv-00462-GMN-NJK
03-10-2020
SAMUEL HOWARD, Plaintiff v. REBECCA BOYD, et al., Defendants
ORDER
I. DISCUSSION
Plaintiff, who is an inmate in the custody of the Nevada Department of Corrections ("NDOC"), has submitted a civil rights complaint under 42 U.S.C. § 1983. Docket No. 1-1. Plaintiff has advised the Court that he enclosed the $400 filing fee for this action (cover letter at Docket No. 1-2); however, there was no filing fee payment located in the envelope with Plaintiff's filing. Therefore, Plaintiff has neither paid the full 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, 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. The Court will retain Plaintiff's civil rights complaint, Docket No. 1-1, but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted an opportunity to file an application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this action by April 10, 2020. If Plaintiff chooses to file an application to proceed in forma pauperis, he must file a fully complete application to proceed in forma pauperis, including both an inmate account statement for the past six months and a properly executed financial certificate.
II. CONCLUSION
For the foregoing reasons, IT IS 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 April 10, 2020, Plaintiff must 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 does not timely comply with this order, dismissal of this action may result.
IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint, Docket No. 1-1, but will not file it at this time.
DATED: March 10, 2020.
/s/_________
NANCY J. KOPPE
UNITED STATES MAGISTRATE JUDGE