Harris v. Daniels

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 AMMAR HARRIS, Case No.: 2:22-cv-00293-JAD-NJK

7 Plaintiff, Order 8 v. (Docket Nos. 5, 6, 7) 9 CHARLES DANIELS, et al., 10 Defendants. 11 On February 28, 2022, the Court issued an order directing Plaintiff to the pay the full $402 12 filing fee for his 42 U.S.C. § 1983 action or submit an application to proceed in forma pauperis on 13 or before April 19, 2022. Docket No. 4. In response, Plaintiff states that he does not have to pay 14 the filing fee or submit an application to proceed in forma pauperis because he did not file a § 15 1983 action but instead brought a class action lawsuit under different federal statutes. Docket No. 16 5. 17 Plaintiff is still required to pay the $402 filing fee in this case or submit an application to 18 proceed in forma pauperis. Pursuant to 28 U.S.C. § 1914(a)-(b), any party instituting a civil action, 19 such as this one, is required to pay the $350 filing fee and $52 administrative fee. Even though 20 the Court may have mischaracterized Plaintiff’s complaint as a § 1983 action, Plaintiff is still 21 required to pay the filing fee for this civil action. Plaintiff is required to comply with this Court’s 22 February 28, 2022, order and must either pay the full $402 filing fee for this civil action or submit 23 an application to proceed in forma pauperis on or before April 19, 2022. If Plaintiff fails to timely 24 comply with the February 28, 2022, order, this case will be subject to dismissal without prejudice. 25 With respect to Plaintiff’s attempt to bring a class-action lawsuit, the Court warns Plaintiff 26 that pro se litigants have the right to plead and conduct their own cases personally. See 28 U.S.C. 27 § 1654. Pro se litigants, such as Plaintiff, have no authority to represent anyone other than 28 themselves. See Cato v. United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995); C.E. Pope Equity 1} Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987). For this reason, the Court denies “‘class- member” Willie Smith’s motion for a copy of the class action complaint. Docket No. 7. 3 The Court also denies Plaintiff's motion for the law librarian to submit all 29 pages of his 4] complaint to this Court. Docket No. 6. The complaint submitted at Docket No. 1-1 is 29 pages 5] long. 6 SO ORDERED that Plaintiff must comply with this Court’s February 28, 2022, order 7| directing Plaintiff to pay the full filing fee or submit a fully complete application to proceed in 8|| forma pauperis, no later than April 19, 2022. 9 IT IS FURTHER ORDERED that the motion for court order, Docket No. 6, is DENIED. 10 IT IS FURTHER ORDERED that the motion for copy of class action lawsuit, Docket No. 11] 7, is DENIED. 12 DATED: March 4, 2022. 13 . 14 LY ge 15 NANCY KOPPE 16 UNITE oH ES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28