Opinion
Case No. 2:20-cv-01799-GMN-EJY
10-07-2020
ADRIAN SWANSON, JR., Plaintiff v. N.D.O.C., et al., Defendants.
ORDER
I. DISCUSSION
On September 28, 2020, Plaintiff, an inmate in the custody of the Nevada Department of Corrections ("NDOC"), submitted a civil rights complaint under 42 U.S.C. § 1983. (ECF No. 1-1). Plaintiff has neither paid the $400 filing fee for this matter, nor has he filed an application to proceed in forma pauperis.
Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a civil action may apply to proceed in forma pauperis, which allows the inmate 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 of the following documents to 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.
The Court grants Plaintiff a one-time extension to file a complete application to proceed in forma pauperis containing all three of the required documents or, in the alternative, pay the $400 filing fee for this action on or before December 7, 2020. Absent unusual circumstances, the Court will not grant any further extensions of time.
If Plaintiff is unable to file a fully complete application to proceed in forma pauperis with all three required documents or pay the full $400 filing fee on or before December 7, 2020, the Court will dismiss this case without prejudice for Plaintiff to file a new case with the Court when Plaintiff is either able to file a fully complete application to proceed in forma pauperis or pay the $400 filing fee.
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 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 filing fee of $400 on or before December 7, 2020 to proceed with this case.
The Court will retain Plaintiff's civil rights complaint (ECF No. 1-1), but the Court will not file the complaint unless and until Plaintiff timely files a complete application to proceed in forma pauperis with all three documents or pays the $400 filing fee.
II. CONCLUSION
For the foregoing reasons, IT IS HEREBY ORDERED that the Clerk of the Court shall 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 December 7, 2020, Plaintiff shall either pay the $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 complete application to proceed in forma pauperis with all three documents or pay the $400 filing fee for a civil action on or before December 7, 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 submit an in forma pauperis application or pay the filing fee.
IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No.1-1) but will not file it at this time.
Dated this 7th day of October, 2020
/s/_________
ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE