Bozarth v. Meadow Valley Justice Court

Opinion

4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6

7 EDDIE RAY GEORGE WASHINGTON BOZARTH, Case No. 2:22-cv-01229-NJK 8 Plaintiff(s), ORDER 9 v. [Docket No. 5] 10 MEADOW VALLEY JUSTICE COURT, et 11 al., 12 Defendant(s). 13 Plaintiff is proceeding in this action pro se and submitted a complaint to initiate this case. 14 Docket No. 1. Plaintiff has not, however, paid the required filing fee or requested authority 15 pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. On August 3, 2022, the Court ordered 16 Plaintiff to either pay the filing fee or file a fully complete application to proceed in forma 17 pauperis, including an inmate account statement for the past six months and a properly executed 18 financial certificate. Docket No. 4. 19 Plaintiff responded to that order by asking that an in forma pauperis application filed in 20 another case be used in this matter. Docket No. 5.1 The Court is not persuaded. First, Plaintiff’s 21 motion does not provide the case number for the other matter and the Court has been unable to 22 locate the referenced application to proceed in forma pauperis. Second, at any rate, an in forma 23 pauperis application must be filed in each case so that the Court can determine the appropriate 24 partial filing fee based on the current circumstances. See, e.g., 28 U.S.C. § 1915(b)(1). 25 26 27 1 The Court liberally construes the filings of pro se litigants, particularly those who are 28 prisoners bringing civil rights claims. Blaisdell v. Frappiea, 729 F.3d 1237, 1241 (9th Cir. 2013). ] Accordingly, the motion at Docket No. 5 is DENIED.” Moreover, it is ordered that: 2 1. Plaintiff must either make the necessary arrangements to pay the filing fee, 3 accompanied by a copy of this order, or file a fully complete application to proceed in 4 forma pauperis, including an inmate account statement for the past six months and a 5 properly executed financial certificate. 6 2. The Clerk of the Court must send Plaintiff the approved form application to proceed in 7 forma pauperis by a prisoner, as well as the document entitled information and 8 instructions for filing an in forma pauperis application. 9 3. Plaintiff must comply with this order no later than October 24, 2022. Failure to comply 10 will result in a recommendation to the District Judge that this case be dismissed. 1] IT IS SO ORDERED. 12 Dated: October 3, 2022 13 A x <— a Nancy J. Keppé, \ 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 2 The pending motion also appears to seek other relief, but the Court will address herein only the main relief sought regarding the need to file an application to proceed in forma pauperis. 27) See, e.g., Local Rule IC 2-2(b). The Court also notes the marginal legibility of the request made and cautions Plaintiff to try to be more legible in his filings moving forward. See Local Rule JA 28] 10-1(a)(2) (“Handwriting must be legible”).