Opinion
2:23-cv-01395-GMN-EJY
10-13-2023
Marialea Pottinger-Moore, Plaintiff, v. Judith Tan, et al., Defendants.
ORDER
ELAYNAJ. YOUCHAH, UNITED(STATES MAGISTRATE JUDGE
On September 5, 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's IFP application failed to include her inmate trust fund account statement for the previous six-month period. Even if Plaintiff has not been at a Nevada Department of Corrections facility a full six-month period, Plaintiff must still submit a financial statement and an inmate account statement for the dates she has been at the facility. 28 U.S.C. § 1915(a)(2); Local Rule LSR 1-2.
Accordingly, IT IS HEREBY ORDERED that Plaintiff's application to proceed in forma pauperis (ECF No. 1) is DENIED without prejudice.
IT IS FURTHER ORDERED that on or before December 12, 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 12, 2023, will result in a recommendation to dismiss this action without prejudice. A dismissal without prejudice allows Plaintiff to file her case with the Court, under a new case number, when she 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.