Jones v. State of Nevada

Opinion

1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA

5 PAUL JONES, Case No. 2:20-cv-01450-RFB-NJK

6 Plaintiff ORDER

7 v.

8 STATE OF NEVADA, et al.,

9 Defendants

10 11 I. DISCUSSION 12 On August 5, 2020, Plaintiff, an inmate in the custody of the Clark County Detention 13 Center (“CCDC”), submitted a civil rights complaint under 42 U.S.C. § 1983 and filed an 14 application to proceed in forma pauperis. Docket Nos. 1-1, 1. Plaintiff’s complaint and Plaintiff's 15 application to proceed in forma pauperis are both incomplete. 16 Plaintiff's Complaint 17 Upon review, the Court notes that Plaintiff did not sign the complaint. Docket No. 1-1 at 18 9. Under Rule 11 of the Federal Rules of Civil Procedure, a plaintiff who is not represented by 19 counsel is required to sign his complaint. Fed. R. Civ. P. 11(a). Because Plaintiff did not sign the 20 complaint, the Court cannot consider it. 21 As such, the Court grants Plaintiff a one-time extension to submit a signed amended 22 complaint to the Court on or before October 6, 2020. If Plaintiff chooses to file an amended 23 complaint, he is advised that an amended complaint supersedes (replaces) the original complaint 24 and, thus, the amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. 25 Richard Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989). Therefore, a mere signature 26 page will not be sufficient. Plaintiff should file the amended complaint on this Court’s approved 27 prisoner civil rights form, and it must be entitled “First Amended Complaint.” 28 1 Plaintiff's Application to Proceed in Forma Pauperis 2 Under 28 U.S.C. § 1915(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin a civil 3 action in this Court may apply to proceed in forma pauperis in order to file the civil action without 4 prepaying the full $400 filing fee. To apply for in forma pauperis status, the inmate must submit 5 all three of the following documents to the Court: 6 (1) a completed Application to Proceed in Forma Pauperis for Inmate, this Court’s 7 approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3); 8 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 9 (i.e. page 4 of this Court’s approved form); and 10 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 11 six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff must 12 still submit an inmate account statement for the dates he has been present at the facility. 13 Plaintiff has not filed a fully signed financial certificate or an inmate account statement 14 with this application to proceed in forma pauperis. Accordingly, the Court denies Plaintiff's 15 application to proceed in forma pauperis, Docket No. 1, without prejudice because the application 16 is incomplete. 17 The Court will grant Plaintiff a one-time extension until on or before October 6, 2020, 18 to either file a fully complete application to proceed in forma pauperis containing all three of the 19 required documents or pay the full $400 filing fee. Absent unusual circumstances, the Court will 20 not grant any further extensions of time. If Plaintiff does not either file a fully complete application 21 to proceed in forma pauperis with all three required documents or pay the full $400 filing fee on 22 or before October 6, 2020, the Court will dismiss this case without prejudice for Plaintiff to file a 23 new case with the Court when Plaintiff is able to either acquire all three of the documents needed 24 to file a fully complete application to proceed in forma pauperis or pays the full $400 filing fee. 25 A dismissal without prejudice means Plaintiff does not give up the right to refile the case 26 with the Court, under a new case number, when Plaintiff has all three documents needed to submit 27 with the application to proceed in forma pauperis. Plaintiff may also choose not to file an 28 application to proceed in forma pauperis and instead pay the full filing fee of $400 on or before 1 October 6, 2020 to proceed with this case. 2 II. CONCLUSION 3 For the foregoing reasons, IT IS ORDERED that the Clerk of the Court shall send to 4 Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, and a copy of 5 his original complaint. Docket No. 1-1. If Plaintiff files an amended complaint, he should use the 6 Court's approved form and he must write the words “First Amended” above the words “Civil 7 Rights Complaint” in the caption. 8 IT IS FURTHER ORDERD that, if Plaintiff chooses to file a signed amended complaint, 9 Plaintiff will file the signed amended complaint to this Court on or before October 6, 2020. 10 IT IS FURTHER ORDERED that, if Plaintiff does not file a signed amended complaint on 11 or before October 6, 2020, the Court will dismiss this action without prejudice for Plaintiff to 12 refile the case with the Court, under a new case number, when Plaintiff is able to file a signed 13 amended complaint. 14 IT IS FURTHER ORDERED that Plaintiff’s application to proceed in forma pauperis, 15 Docket No. 1, is denied without prejudice to either file a new and fully complete application to 16 proceed in forma pauperis with all three documents or pay the full $400 filing fee. 17 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved 18 form application to proceed in forma pauperis by an inmate, as well as the document entitled 19 information and instructions for filing an in forma pauperis application. 20 IT IS FURTHER ORDERED that, on or before October 6, 2020, Plaintiff will either pay 21 the full $400 filing fee for a civil action (which includes the $350 filing fee and the $50 22 administrative fee) or file with the Court: 23 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s 24 approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page 25 3); 26 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 27 (i.e. page 4 of this Court’s approved form); and 28 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous six-month period. If Plaintiff has not been at the facility a full six-month period, Plaintiff must 2 | still submit an inmate account statement for the dates he has been present at the facility. 3 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to proceed in forma pauperis with all three documents, or pay the full $400 filing fee for a civil action onor before October 6, 2020, the Court will dismiss this action without prejudice for Plaintiff to refile the case with the Court, under a new case number, when Plaintiff either has all three 7 | documents needed to file a complete application to proceed in forma pauperis or pays the full $400 8 | filing fee. 9 IT IS SO ORDERED. 10 DATED: August 7, 2020.

12 NANCY LKOBPE 43 UNITED.STATE: MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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