Opinion
2:23-cv-00605-APG-NJK
08-16-2023
JOSEPH JACKSON, Plaintiff, v. T. BROWN, et al., Defendants.
ORDER (DOCKET NO. 6)
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
On July 6, 2023, this Court ordered plaintiff Joseph Jackson to either pay the full $402 filing fee for a civil action or file a new fully complete application to proceed in forma pauperis with all three required documents by August 7, 2023. Docket No. 5. One day after that deadline expired, Plaintiff filed an application to proceed in forma pauperis that is incomplete because the financial certificate has not been completed and signed by a prison or jail official, and because Plaintiff failed to include an inmate trust fimd account statement for the previous six-month period. Docket No. 6. Plaintiff also filed a document purporting to show that he sought his required financial documents from prison officials on August 8, 2023. Id. at 5. Considering the foregoing, the Court grants Plaintiff a second extension of time to either pay the required filing fee or file a new fully complete application to proceed in forma pauperis.
Accordingly, for the reasons stated above, IT IS ORDERED that the application to proceed in forma pauperis, Docket No. 6, is DENIED without prejudice.
IT IS FURTHER ORDERED that, no later than September 15,2023, Plaintiff must either pay the full $402 filing fee or file a new fully complete application to proceed in forma pauperis with all three required documents: a completed application with the inmate's two signatures on page 3; a completed financial certificate that is signed both by the inmate and the prison or jail official; and a copy of the inmate's trust fund account statement for the previous six-month period.
IT IS FURTHER ORDERED that, if Plaintiff fails to timely comply with this order, this action will be subject to dismissal without prejudice. A dismissal without prejudice allows Plaintiff to refile the case with the Court, under a new case number, when Plaintiff can file a complete application to proceed in forma pauperis or pay the required filing fee.
The Clerk of the Court is INSTRUCTED to resend Plaintiff Joseph Jackson the approved form application to proceed in forma pauperis for an inmate and instructions for the same.
IT IS SO ORDERED.