Opinion
2:23-cv-01029-JAD-EJY
07-17-2023
JOSEPH PEREZ, Plaintiff, v. JAMES DZURENDA, et al., Defendants.
ORDER
ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE
On July 3, 2023, Plaintiff submitted an incomplete application to proceed in forma pauperis (“IFP”) together with a Civil Rights Complaint under 42 U.S.C. § 1983. ECF Nos. 1, 1-1. Plaintiff failed to include his inmate trust fund account statement for the previous six-month period. Even if Plaintiff has not been at the Nevada Department of Corrections facility a full six-month period, Plaintiff must still submit an inmate account statement for the dates he has been at the facility. 28 U.S.C. § 1915(a)(2); Local Rule LSR 1-2.
Accordingly, IT IS HEREBY ORDERED that on or before August 18, 2023, Plaintiff must either pay the $402 filing fee for a civil action or file with the Court a copy of his inmate 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 copy of Plaintiff's inmate prison or jail trust fund account statement for the previous six-month period on or before August 18, 2023, will 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 Plaintiffs 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.