Booker v. Sanchez

• Court: District Court, D. Nevada
• Decided: August 30, 2023
• Docket: 2:23-cv-00734
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 DAVID BOOKER, Case No.: 2:23-cv-00734-JAD-BNW

4 Plaintiff

5 v. Order Denying Motions and Extending Time to File a Complete IFP Application 6 SANCHEZ, et al., [ECF Nos. 14, 17, 18] 7 Defendants

9 The federal magistrate judge in this case has given Plaintiff David Booker two chances to 10 file a fully complete application to proceed in forma pauperis (IFP)1 but he has yet to do so. 11 Booker has not submitted a copy of his prison trust-fund account statement for the previous six- 12 month period.2 13 In response to the last extension of time,3 Booker filed two motions for injunctive 14 relief—one that urges me to order prison officials to give Booker his IFP documents or be held 15 criminally liable4 and the other that wants me to find a prison official criminally and financially 16 liable.5 Booker also filed another motion for preliminary injunction that may be substantively 17 18 19 20

21 1 ECF Nos. 3, 16. 2 See ECF No. 8. 22 3 ECF No. 16. 23 4 ECF No. 17. 5 ECF No. 18. 1 related to the claims in his complaint6; he also filed a motion to substitute a magistrate judge in a 2 different case.7 3 I defer a decision on the motion for injunctive relief that might be substantively related to 4 the claims in his complaint but deny several of the other motions. First, I deny the motion to

5 substitute U.S. Magistrate Judge Albregts in Booker v. High Desert State Prison, 2:23-cv-00469- 6 ART-DJA, because I am not a part of that case.8 Second, I deny the injunctive-relief motion in 7 which Booker asks me to find prison officials criminally and financially liable for damages under 8 criminal and civil law because he is not a prosecutor.9 Third, I deny the injunctive-relief motion 9 in which Booker seeks criminal penalties against prison officials for not sending him his inmate 10 account statement because, again, he is not a prosecutor.10 However, I grant Booker one final 11 extension of time until October 15, 2023, to file his inmate account statement or pay the full 12 $402 filing fee.11 13 14

16 6 ECF No. 13. 17 7 ECF No. 14. 8 Id. 18 9 ECF No. 18; see United States v. Nance, 962 F.2d 860, 864–65 (9th Cir. 1992), as amended 19 (May 18, 1992) (holding that the “ultimate decision whether to charge a defendant, and what charges to file, . . . rests solely with state and federal prosecutors”). 20 10 ECF No. 17; see Nance, 962 F.2d at 864–65. 11 To apply for in forma pauperis status, an inmate must submit all three of the following 21 documents to the court: (1) a completed Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the court’s approved form, that is properly signed by the inmate twice on 22 page 3; (2) a completed Financial Certificate, which is page 4 of the court’s approved form, that is properly signed by both the inmate and a prison or jail official; and (3) a copy of the inmate’s 23 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. Prac. LSR 1-2. 1 Conclusion 2 IT IS THEREFORE ORDERED that a decision on the motion for preliminary injunction (ECF No. 13) is deferred. 4 IT IS FURTHER ORDERED that the motion to substitute and motions for additional 5|| injunctive relief (ECF Nos. 14, 17, 18) are DENIED. 6 IT IS FURTHER ORDERED that Booker has until October 15, 2023, to submit a copy of 7|| his prison trust-fund account statement for the previous six-month period or pay the full $402 filing fee. Booker is cautioned that this action will be subject to dismissal without prejudice if he fails to timely comply with this order. A dismissal without prejudice allows Booker to refile the 10]| case with the court, under a new case number, when Booker can file a complete IFP or pay the 11]|required filing fee. 12 The Clerk of the Court is directed to SEND Booker the approved IFP form for an inmate 13]| and instructions for the same. 14 Dated: August 30, 2023 _ (ines US. District Judge 16 17 18 19 20 21 22 23