Opinion
2:23-cv-00614-JAD-VCF
04-24-2023
MICHAEL ROWE, Plaintiff, v. PHILLIP T., ESQ, et al., Defendants.
ORDER
On April 20, 2023, pro se plaintiff Michael Rowe, an inmate in the custody of the Clark County Detention Center, submitted a complaint under 42 U.S.C. § 1983. (ECF No. 1-1.) Plaintiff included an incomplete financial certificate with his complaint, but he did not file an application to proceed in forma pauperis. (Id. at 8.) Furthermore, Plaintiff did not file an inmate trust fund account statement for the previous six-month period. The Court will give Plaintiff the opportunity to file a complete application to proceed in forma pauperis by June 23, 2023.
I. DISCUSSION
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.” Nev. Loc. R. Prac. 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); Nev. Loc. R. Prac. 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).
As explained above, Plaintiff filed only an incomplete financial certificate. He did not file an application to proceed in forma pauperis, or a copy of his jail trust fund account stated for the previous six-month period. This case cannot proceed unless Plaintiff either pays the $402 filing fee in full, or he files a complete application to proceed in forma pauperis. The Court will grant Plaintiff an extension of time to either pay the filing fee or file a fully complete application to proceed in forma pauperis with all three required documents.
II. CONCLUSION
It is therefore ordered that Plaintiff has until June 23, 2023, to either pay the full $402 filing fee or file a new fully complete application to proceed in forma pauperis with all three required documents: (1) a completed application with the inmate's two signatures on page 3, (2) a completed financial certificate that is signed both by the inmate and the prison or jail official, and (3) a copy of the inmate's trust fund account statement for the previous six-month period.
Plaintiff is cautioned that this action will be subject to dismissal without prejudice if Plaintiff fails to timely comply with this order. 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 directed to send Plaintiff Michael Rowe the approved form application to proceed in forma pauperis for an inmate and instructions for the same and retain the complaint (ECF No. 1 -1) but not file it at this time.