Opinion
2:23-cv-00282-GMN-NJK
08-22-2023
FRANK F. LOCKMAN, JR., Plaintiff, v. NEVADA DEPARTMENT OF CORRECTIONS MEDICAL, et al., Defendants.
ORDER
(DOCKET NOS. 7, 8)
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
On May 22, 2023, this Court issued an order granting Plaintiff until August 23, 2023, to either pay the full $402 filing fee for a civil action or to submit a fully complete application to proceed in forma pauperis. Docket No. 6. On August 17, 2023, Plaintiff filed two motions. Docket Nos. 7, 8. Plaintiff first requests a 90-day extension to file a fully complete application to proceed in forma pauperis Docket No. 7. Plaintiff further asks the Court to order the Nevada Department of Corrections (“NDOC”) to provide him copies of his inmate trust account and the financial certificate so that he can complete his application to proceed in forma pauperis. Docket No. 8.
The Court notes that this is Plaintiff's second motion seeking a 90-day extension. See Docket No. 5.
The Court grants in part and denies in part Plaintiff's motion seeking an extension of time. ECF No. 7. The Court extends the deadline until October 6, 2023, for Plaintiff to either pay the full $402 filing fee or file a fully complete application to proceed in forma pauperis with all three required documents. The Court denies without prejudice Plaintiff's motion to order the NDOC to provide him with copies of his inmate trust account and the financial certificate. Docket No. 8. The Court will, however, send Plaintiff a courtesy copy of the approved form application to proceed in forma pauperis for an inmate and instructions for the same.
Accordingly, IT IS ORDERED that the motion to extend time, Docket No. 7, is GRANTED in part and DENIED in part. Plaintiff has until October 6, 2023, to either pay the full $402 filing fee or file a fully complete application to proceed in forma pauperis with all three required documents: (1) a completed application with the inmate's two signatures on page 3; (2) a completed financial certificate that is signed both by the inmate and the prison or jail official; and (3) a copy of the inmate's trust fund account statement for the previous six-month period.
Plaintiff is cautioned that this action will be subject to dismissal without prejudice if Plaintiff fails to timely comply with this order. 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.
IT IS FURTHER ORDERED that Plaintiff's motion at Docket No. 8 is DENIED without prejudice.
The Clerk of the Court is INSTRUCTED to send Plaintiff the Court's approved form application to proceed in forma pauperis for an inmate and instructions for the same.