Opinion
2:23-cv-00903-CDS-NJK
07-13-2023
CHARLES O'NEAL, Plaintiff, v. MICHAEL MINEV, et al., Defendants.
ORDER
NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE.
On June 6, 2023, pro se plaintiff Charles O'Neal, an inmate in the custody of the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983 together with an application to proceed in forma pauperis. Docket Nos. 3, 3-1. The application to proceed informa pauperis is incomplete because Plaintiff did not submit a financial certificate and an inmate trust fund account statement for the previous six-month period with the application. Plaintiff, however, filed a notice stating he submitted his request for an account statement to prison officials 40 days ago but has not yet received it. Docket Nos. 3 at 2, 3-2.
The United States District Court for the District of Nevada must collect filing fees from parties initiating civil actions. 28 U.S.C. § 1914(a). The fee for filing a civil-rights action is $402, which includes the $350 filing fee and the $52 administrative fee. See 28 U.S.C. § 1914(b). “Any person who is unable to prepay the fees in a civil case may apply to the court for leave to proceed in forma pauperis.” LSR 1-1. For an inmate 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, which is pages 1-3 of the Court's approved form, that is properly signed by the inmate twice on page 3; (2) a completed Financial Certificate, which is page 4 of the Court's approved form, that is 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. See 28 U.S.C. § 1915(a)(1)-(2); LSR 1-2. In forma pauperis status does not relieve an inmate of his or her obligation to pay the filing fee, it just means that the inmate can pay the fee in installments. See 28 U.S.C. § 1915(b).
Accordingly, for the reasons stated above, IT IS ORDERED that Plaintiff's application for leave to proceed in forma pauperis is DENIED without prejudice as incomplete. Docket No. 3.
IT IS FURTHER ORDERED that, no later than September 11, 2023, Plaintiff must either pay the full $402 filing fee or file a complete application to proceed in forma pauperis, including 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 send Plaintiff Charles O'Neal the approved form application to proceed in forma pauperis for an inmate and instructions for the same and retain the complaint and exhibits, Docket No. 3-1, but not file them at this time.
IT IS SO ORDERED.