Allison v. Clerk Co Detention Center

• Court: District Court, D. Nevada
• Decided: August 12, 2022
• Docket: 2:22-cv-01221
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 RONALD J. ALLISON, Case No. 2:22-cv-01221-CDS-EJY

5 Plaintiff,

6 v. ORDER

7 CLARK CO DETENTION CENTER,

8 Defendants.

9 10 Pending before the Court is Plaintiff’s initiating document (ECF No. 1-1) that may be an 11 attempt to file a complaint. However, Plaintiff did not submit an application to proceed in forma 12 pauperis, pay the $402 filing fee, or file an initiating document that complies with Local Special 13 Rule 2-1. 14 I. DISCUSSION

15 A. There is No Application to Proceed In Forma Pauperis and the Filing Fee Has Not Been Paid. 16 17 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to commence a 18 civil action may apply to proceed in forma pauperis allowing the inmate to file the civil action 19 without prepaying the $402 filing fee. To apply for in forma pauperis status, the inmate must 20 submit all three of the following documents to the Court: 21 (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this Court’s 22 approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3), 23 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 24 (i.e. page 4 of this Court’s approved form), and 25 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 26 six-month period. 27 Plaintiff failed to submit an application to proceed in forma pauperis and, as stated, has not paid 28 the required filing fee. 1 B. Plaintiff’s Initiating Document Does Not Comply with Local Rules and Fails to Identify a Proper Defendant. 2 3 Plaintiff’s initiating document, at ECF No. 1-1, fails to comply with Local Special Rule 2- 4 1 (“LSR 2-1”) requiring a civil rights complaint filed by a person who is not represented by an 5 attorney to be submitted on the form provided by the Court. The Rule further requires that the 6 complaint must contain substantially all the information called for by the Court’s form. 7 Here, Plaintiff’s initiating document is not on the Court’s form and identifies one 8 Defendant, Clark County Detention Center, which is not a proper defendant. Yates v. NaphCare, 9 Case No. 2:12-cv-01865-JCM, 2013 WL 4519349, at *3 (D. Nev. Aug. 23, 2013) (dismissing 10 plaintiff’s complaint against Clark County Detention Center); Belssner v. Nevada, Case No. 2:15- 11 cv-00672-APG-PAL, 2017 WL 2990848, at *1 (D. Nev. July 12, 2017) (dismissing plaintiff’s 12 complaint against the Regional Justice Center). Accordingly, Plaintiff’s initiating document, 13 which is not on the proper form, also fails to plead a claim that may be considered by the Court. 14 II. ORDER 15 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court will send Plaintiff 16 the approved form application to proceed in forma pauperis by an inmate, as well as the document 17 entitled information and instructions for filing an in forma pauperis application. 18 IT IS FURTHER ORDERED that on or before September 12, 2022, Plaintiff must (1) file 19 a complaint in compliance with LSR 2-1, and (2) either pay the $402 filing fee for a civil action 20 (which includes the $350 filing fee and the $52 administrative fee) or file with the Court a 21 completed Application to Proceed in Forma Pauperis for Inmate on this Court’s approved form 22 that includes (1) the information requested on pages 1 through 3 and contains Plaintiff’s two 23 signatures on page 3, (2) a Financial Certificate properly signed by both the inmate and a prison 24 or jail official (i.e. page 4 of this Court’s approved form), and (3) a copy of the inmate’s prison or 25 jail trust fund account statement for the previous six-month period. 26 IT IS FURTHER ORDERED that failure to file a compliant in compliance with LSR 2-1 27 and either pay the $402 filing fee or file a complete application to proceed in forma pauperis on 28 or before September 12, 2022 will result in a recommendation to dismiss this action without 1|| prejudice. A dismissal without prejudice allows Plaintiff to file his case with the Court, under a || new case number, when he is able to comply with LSR 2-1 and file a complete application to proceed in forma pauperis or pay the required filing fee. 4 DATED this 12th day of August, 2022. 6 FLAY) J. en fs a UNITED STATES MAGISTRATE JUDGE 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28