Opinion
Case No. 3:20-cv-00226-MMD-CLB
04-14-2020
JORGE SANTOYO, Plaintiff v. SUNDAY, et al., Defendants
ORDER
I. DISCUSSION
On April 7, 2020, Plaintiff, an inmate in the custody of the Nevada Department of Corrections ("NDOC"), submitted a notice of complaint. (ECF No. 1-1). Plaintiff has not filed a complaint or an application to proceed in forma pauperis in this matter.
Under Federal Rule of Civil Procedure 3, "[a] civil action is commenced by filing a complaint with the court." Fed. R. Civ. P. 3. As such, the Court grants Plaintiff until June 15, 2020 to submit a complaint to this Court.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin a civil action in this Court may apply to proceed in forma pauperis in order to file the civil action without prepaying the full $400 filing fee. To apply for in forma pauperis status, the inmate must submit all three the following documents to the Court:
(1) a completed Application to Proceed in Forma Pauperis for Inmate , 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.
The Court will grant Plaintiff a one-time opportunity to file a complaint and a fully complete application to proceed in forma pauperis containing all three of the required documents, or in the alternative, pay the full $400 filing fee for this action on or before June 15, 2020. Absent unusual circumstances, the Court will not grant any further extensions of time. If Plaintiff is unable to file a complaint and a fully complete application to proceed in forma pauperis with all three required documents or pay the full $400 filing fee on or before June 15, 2020, the Court will dismiss this case without prejudice for Plaintiff to file a new case with the Court when Plaintiff is able to file a complaint and able to acquire all three of the documents needed to file a fully complete application to proceed in forma pauperis or pay the full $400 filing fee. To clarify, a dismissal without prejudice means Plaintiff does not give up the right to refile the case with the Court, under a new case number, when Plaintiff is able to file a complaint and has all three documents needed to submit with an application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file an application to proceed in forma pauperis and instead pay the full filing fee of $400 on or before June 15, 2020 to proceed with this case.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff will submit a complaint to this Court on or before June 15, 2020.
IT IS FURTHER ORDERED that the Clerk of the Court will send to Plaintiff the approved form for filing a 42 U.S.C. § 1983 complaint and instructions for the same. The Clerk of the Court will also send Plaintiff a copy of his notice of complaint. (ECF No. 1-1).
IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved form application to proceed in forma pauperis by an inmate, as well as the document entitled information and instructions for filing an in forma pauperis application.
IT IS FURTHER ORDERED that on or before June 15, 2020, Plaintiff will either pay the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 administrative fee) 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 of the form 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, if Plaintiff does not file a complaint and a fully complete application to proceed in forma pauperis with all three documents or pay the full $400 filing fee for a civil action on or before June 15, 2020, the Court will dismiss this action without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff is able to file a complaint and has all three documents needed to file a complete application to proceed in forma pauperis or pays the full $400 filing fee.
DATED: April 14, 2020.
/s/_________
UNITED STATES MAGISTRATE JUDGE