Opinion
2:22-cv-01919-APG-NJK
11-21-2022
KENNETH THOMAS, Plaintiff, v. GITTERE, et al., Defendants.
ORDER (DOCKET NO. 1)
NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE
On November 14, 2022, pro se plaintiff Kenneth Thomas, an inmate in the custody of the Nevada Department of Corrections, submitted a complaint under 42 U.S.C. § 1983 and applied to proceed in forma pauperis (“IFP”). Docket Nos. 1-1, 1. Plaintiff's IFP application is incomplete because Plaintiff did not submit a completed Financial Certificate and a prison trust fund account statement for the previous six-month period The Court will therefore deny the application without prejudice and grant Plaintiff an extension of time to correct these deficiencies.
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 id. at § 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.” LSR 1-1. 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).
To apply for in forma pauperis status, an inmate must submit all three of the following documents to the Court:
(1) a completed Application to Proceed in Forma Pauperis for Inmate (pages 1-3 of the
Court's form) that is properly signed by the inmate twice on page 3;
(2) a completed Financial Certificate (page 4 of the Court's 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. LSR 1-2. As explained above, Plaintiffs application to proceed in forma pauperis is incomplete.
II. CONCLUSION
For the foregoing reasons, IT IS ORDERED that Plaintiff's application to proceed in forma pauperis, Docket No. 1, is DENIED without prejudice.
IT IS FURTHER ORDERED that Plaintiff has until January 20, 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 will send Plaintiff a courtesy copy of the original application to proceed in forma pauperis, Docket No. 1, and the approved form application to proceed in forma pauperis for an inmate and instructions for the same. The Clerk will retain the complaint, Docket No. 1-1, but will not file it at this time.