Fullerv.United States

UNITED STATES DISTRICT COURT DISTRICT OF NEVADAJun 10, 2019
Case No. 2:19-cv-00671-RFB-BNW (D. Nev. Jun. 10, 2019)

Case No. 2:19-cv-00671-RFB-BNW

06-10-2019

MORGAN FULLER, Plaintiff v. UNITED STATES OF AMERICA, Defendant


ORDER

I. DISCUSSION

On April 18, 2019, Plaintiff, a prisoner in the custody of the Nevada Department of Corrections ("NDOC"), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed an application to proceed in forma pauperis. (ECF Nos. 1, 1-1). On April 26, 2019, this Court issued an order denying the application as incomplete and directed Plaintiff to file a fully complete application to proceed in forma pauperis or pay the full filing fee within 30 days from the date of that order. (ECF No. 3). Plaintiff subsequently filed two applications to proceed in forma pauperis with properly executed financial certificates. (ECF Nos. 5, 6). However, Plaintiff has not filed an inmate account statement for the past six months. As such, these applications are also incomplete.

Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, Plaintiff must complete an application to proceed in forma pauperis and attach both an inmate account statement for the past six months and a properly executed financial certificate. Plaintiff has not submitted an inmate account statement for the past six months. (See ECF Nos. 5, 6). The Court will retain Plaintiff's civil rights complaint (ECF No. 1-1), but will not file it until the matter of the payment of the filing fee is resolved. Plaintiff will be granted one final opportunity to cure the deficiencies of his application to proceed in forma pauperis by filing an inmate account statement for the past six months, or in the alternative, pay the full filing fee for this action. If Plaintiff fails to file an inmate account statement for the past six months, the Court will recommend dismissal of the case in its entirety, without prejudice, to file a new case when Plaintiff is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.

II. CONCLUSION

For the foregoing reasons, IT IS ORDERED that the Clerk of the Court WILL SEND Plaintiff the approved form application to proceed in forma pauperis by 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 will either: (1) file an inmate account statement for the past six months 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 fails to timely file an inmate account statement for the past six months, the Court will recommend dismissal of the case, without prejudice, for Plaintiff to file a new case when he is able to acquire the necessary documents to file a complete application to proceed in forma pauperis.

DATED: June 10, 2019

/s/_________


UNITED STATES MAGISTRATE JUDGE