Opinion
2:23-cv-01578-CDS-EJY
10-05-2023
ORIGINAL MANN, formerly known as CYRUS GASBY, Plaintiff, v. USHER RAYMOND, LIL JON, Defendants.
ORDER
ELAYNA J. YOUCHAH, UNITED STATES MAGISTRATE JUDGE
On October 2, 2023, Plaintiff, an inmate in federal custody, submitted a Civil Rights Complaint. ECF No. 1-1. Plaintiff neither paid the $402 filing fee for a civil action nor filed an application to proceed in forma pauperis.
Under 28 U.S.C. § 1914(a) a party seeking to initiate a civil action must pay the filing fee set by the Clerk of Court or, under 28 U.S.C. § 1915(a)(2) and LSR 1-2, Plaintiff may apply for in forma pauperis status, which would allow him to file his civil action without prepaying the $402 filing fee. To proceed in forma pauperis, Plaintiff must submits three required documents to the Court including: (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.
Accordingly, IT IS HEREBY ORDERED that on or before December 4, 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 failure to either pay the $402 filing fee or file a complete application to proceed in forma pauperis on or before December 4, 2023, may 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.
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.