Elawyers Elawyers
Washington| Change

Dozier v. Dzurenda, 3:18-cv-00570-RCJ-CBC. (2018)

Court: District Court, D. Nevada Number: infdco20181205d38 Visitors: 15
Filed: Dec. 04, 2018
Latest Update: Dec. 04, 2018
Summary: ORDER CARLA BALDWIN CARRY , Magistrate Judge . I. DISCUSSION Plaintiff is a prisoner in the custody of the Nevda Department of Corrections ("NDOC"). Through counsel, Plaintiff has submitted a civil rights complaint pursuant to 42 U.S.C. 1983 and has filed an application to proceed in forma pauperis for a nonprisoner, a motion for temporary restraining order, and a motion for preliminary injunction. (ECF Nos. 1, 2, 6, 8). Pursuant to 28 U.S.C. 1915(a)(2) and Local Rule LSR 1-2, Plain
More

ORDER

I. DISCUSSION

Plaintiff is a prisoner in the custody of the Nevda Department of Corrections ("NDOC"). Through counsel, Plaintiff has submitted a civil rights complaint pursuant to 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis for a nonprisoner, a motion for temporary restraining order, and a motion for preliminary injunction. (ECF Nos. 1, 2, 6, 8).

Pursuant to 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis for a prisoner and attach both an inmate account statement for the past six months and a properly executed financial certificate. Plaintiff has not submitted an application to proceed in forma pauperis for a prisoner or a properly executed financial certificate. (See ECF No. 1). As such, the in forma pauperis application for a non-prisoner is denied without prejudice. The Court will retain Plaintiff's civil rights complaint (ECF No. 2), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted an opportunity to cure the deficiencies of his application to proceed in forma pauperis, or in the alternative, pay the full filing fee for this action. If Plaintiff chooses to file a new application to proceed in forma pauperis he must file a fully complete application to proceed in forma pauperis for a prisoner.

II. CONCLUSION

For the foregoing reasons, IT IS ORDERED that Plaintiffs application to proceed in forma pauperis for a non-prisoner (ECF No. 1) is DENIED without prejudice to file a new application.

IT IS FURTHER ORDERED that the Clerk of the Court SHALL SEND Plaintiff the approved form application to proceed in forma pauperis for a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.

IT IS FURTHER ORDERED that within thirty (30) days from the date of this order, Plaintiff shall either: (1) file a fully complete application to proceed in forma pauperis for a prisoner, on the correct form with complete financial attachments in compliance with 28 U.S.C. § 1915(a); or (2) pay the full $400 fee for filing a civil action (which includes the $350 filing fee and the $50 administrative fee).

IT IS FURTHER ORDERED that if Plaintiff does not timely comply with this order, dismissal of this action may result.

IT IS FURTHER ORDERED that the Clerk of the Court shall retain the complaint (ECF No. 2), but shall not file it at this time.

INFORMATION FOR FILING AN APPLICATION TO PROCEED IN FORMA PAUPERIS BY AN INMATE UNDER 28 U.S.C. § 1915

Please use the attached form if you are an inmate. If you are an inmate who is unable to pay the entire filing fee at the time you file your complaint or petition, you must submit a completed inmate's application to proceed in forma pauperis to the court. Nev. Local Special Rule ("LSR") 1-1. Your application must include copies of your inmate trust account statement for the past six months and a properly executed financial certificate signed by an authorized officer at your institution.

If you are filing a non-habeas civil action, including a civil rights action pursuant to 42 U.S.C. § 1983, please follow the instructions outlined in Section A. If you are filing a petition for writ of habeas corpus, please follow the instructions outlined in Section B. To submit your application, please follow the instructions outlined in Section C.

If you have the money to pay the full filing fee, please send a check or money order made payable to "CLERK, U.S. DISTRICT COURT" with your complaint or petition.

A. Non-Habeas Civil Actions

The fee for filing any civil action other than a petition for writ of habeas corpus is $400 (which includes the $350 filing fee and the $50 administrative fee). If you are granted leave to proceed in forma pauperis, you must still pay the $350 filing fee (but not the $50 administrative fee) in the form of several installment payments. 28 U.S.C. § 1915(b).

You must pay an initial partial filing fee of 20 percent of the greater of: (a) the average monthly deposits to your account for the 6-month period immediately before the complaint was filed, or (b) the average monthly balance in your account for the 6-month period immediately before the complaint was filed. The court will use the information provided on the financial certificate and the inmate trust account statement to determine the filing fee immediately due and will send instructions to you and the prison or jail trust account office for payment if in forma pauperis status is granted.

After the initial partial filing fee is paid, your prison's or jail's trust account office will forward to the court each month 20 percent of the most recent month's income from your prison or jail trust account, to the extent that your account exceeds $10. Monthly payments will be required until the full filing fee of $350 is paid. If you have no funds over $10 in your account, you will not be required to pay a part of the filing fee for that month.

If your application to proceed in forma pauperis is granted, you will be liable for the full $350 filing fee even if your civil action is dismissed. The court will continue to collect payments until the entire filing fee is paid.

B. Habeas Actions

The fee for filing a petition for a writ of habeas corpus is $5. There is no administrative fee. If you are granted leave to proceed in forma pauperis, you will not be required to pay any portion of this fee. If you are not granted leave to proceed in forma pauperis, you must pay the $5 fee in one payment and not in installments.

If you use a habeas form to file a non-habeas civil action, you will be required to pay the fee applicable to all non-habeas civil actions.

C. Submission of Application

To submit your application to proceed in forma pauperis, complete the attached form and return the form to the court with your complaint or petition.

In civil actions filed by pro se (self-represented) inmates, the action must be filed in the unofficial division of the court in which the inmate is held when the complaint or petition is submitted for filing. Nev. Local Rule ("LR") IA 1-6, 1-8. The Clerk of the Court maintains offices in Las Vegas and Reno at the following addresses:

Unofficial Southern Division (Clark, Esmeralda, Lincoln, & Nye counties): U.S. District Court Office of the Clerk 333 Las Vegas Boulevard, South, Room #1334 Las Vegas, NV 89101 Unofficial Northern Division (all other counties): U.S. District Court Office of the Clerk 400 S. Virginia Street, Room #301 Reno, NV 89501

If you are incarcerated at a facility that uses electronic filing and you are filing a non-habeas action, please continue to use electronic filing.

If you are filing a habeas action, you must submit all of your documents by mail.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer