Opinion
Case No. 3:19-cv-00230-MMD-WGC
05-15-2019
TOMMIE LEE MCDOWELL, JR., Plaintiff v. HULSEY et al., Defendants
ORDER
I. DISCUSSION
Plaintiff, who is a prisoner in the custody of the Nevada Department of Corrections ("NDOC"), has submitted a civil rights complaint under 42 U.S.C. § 1983 and has filed a motion for a copy of his complaint. (ECF Nos. 1-1, 3). Plaintiff has neither paid the full filing fee for this matter nor filed an application to proceed in forma pauperis.
Plaintiff states that he submitted a brass slip to the NDOC to pay the $350 filing fee. (ECF No. 1-2). The Court has not received the funds as of this date.
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 (ECF 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. If Plaintiff chooses to file an application to proceed in forma pauperis he must file a fully complete application to proceed in forma pauperis.
The Court grants Plaintiff's motion for a copy of his complaint (ECF No. 3). --------
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 within thirty (30) days from the date of this order, 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 motion for a copy of the complaint (ECF No. 3) is granted. The Clerk of the Court will send Plaintiff a copy of the complaint (ECF No. 1-1).
IT IS FURTHER ORDERED that the Clerk of the Court will retain the complaint (ECF No. 1-1) but will not file it at this time.
DATED THIS 15th day of May 2019.
/s/_________
UNITED STATES MAGISTRATE JUDGE