Opinion
2:23-cv-00243-CDS-NJK
02-16-2023
PARIS MORTON, Plaintiff, v. KISEANA GAINES, Defendant.
ORDER
[Docket No. 1]
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
I. DISCUSSION
On February 12, 2023, Plaintiff, an inmate in the custody of the Clark County Detention Center, submitted a complaint and filed an application to proceed in forma pauperis. Docket Nos. 1, 1-1. Plaintiff's application to proceed in forma pauperis is incomplete. Specifically, Plaintiff submitted a state court application to proceed in forma pauperis instead of this Court's application and failed to include a signed financial certificate. Id.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a civil action may apply to proceed in forma pauperis, which allows the inmate to file the civil action without prepaying the full $402 filing fee. To apply for in forma pauperis status, the inmate must submit all three of the following documents to the Court:
(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, the Court denies Plaintiff's application to proceed in forma pauperis, Docket No. 1, without prejudice because the application is incomplete. The Court will grant Plaintiff a one-time extension to file a fully complete application to proceed in forma pauperis containing all three of the required documents. Plaintiff must file a fully complete application to proceed in forma pauperis on or before March 31, 2023. Absent unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff does not file a fully complete application to proceed in forma pauperis with all three required documents on or before March 31, 2023, this case will be subject to dismissal without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to acquire all three of the documents needed to file a fully complete application to proceed in forma pauperis or pays the full $402 filing fee.
A dismissal without prejudice means Plaintiff does not give up the right to refile the case with the Court, under a new case number, when Plaintiff has all three documents needed to submit with the application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file an application to proceed in forma pauperis and instead pay the full filing fee of $402 on or before March 31, 2023, to proceed with this case.
The Court will retain Plaintiff's complaint, Docket No. 1-1, but the Court will not file the complaint unless and until Plaintiff timely files a fully complete application to proceed in forma pauperis with all three documents or pays the full $402 filing fee.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff's application to proceed in forma pauperis, Docket No. 1, is DENIED without prejudice to file a new fully complete application to proceed in forma pauperis with all three documents.
IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that, on or before March 31, 2023, Plaintiff must either pay the full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 administrative fee) or file with the Court:
(1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court's approved form (i.e. pages 1 through 3 of the form 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 Cotul's approved form); 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, if Plaintiff does not file a fully complete application to proceed in forma pauperis with all three documents or pay the full $402 filing fee for a civil action on or before March 31, 2023, this case will be subject to dismissal without prejudice for Plaintiff to re file the case with the Court, under a new case number, when Plaintiff has all three documents needed to file a complete application to proceed in forma pauperis or pays the the full $402 filing fee.
IT IS FURTHER ORDERED that the Clerk of the Court will retain Plaintiff s complaint, Docket No. 1-1, but will not file it at this time.
IT IS SO ORDERED.