Opinion
2:23-cv-01165-MMD-EJY
07-26-2023
RHONDA RAMSEY, Plaintiff, v. ELIZABETH MERCER, et al., Defendants.
ORDER
ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE
On July 24, 2023, Plaintiff, an inmate in the custody of Clark County Detention Center, submitted a Civil Rights Complaint under 42 U.S.C. § 1983 (ECF No. 1-1); however, Plaintiff neither paid the $402 filing fee for a civil action nor filed an application to proceed in forma pauperis.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff may apply for in forma pauperis status, which would allow her to file her civil action without prepaying the $402 filing fee if she submits three of the required documents to the Court including: (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, IT IS HEREBY ORDERED that on or before August 28, 2023, Plaintiff must either pay the $402 filing fee for a civil action 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 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 .
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 August 28, 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 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.