Kelvin James v. Division of Parole and Probation

• Court: District Court, D. Nevada
• Decided: December 3, 2025
• Docket: 2:25-cv-02353
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3

4 Kelvin James, 5 Case No: 2:25-cv-02353-JAD-MDC Plaintiff, 6 vs. ORDER TO PAY THE FILING FEE OR FILE AN APPLICATION TO PROCEED IN 7 Division of Parole and Probation, FORMA PAUPERIS

8 Defendant.

9 Incarcerated pro se plaintiff Kelvin James filed a complaint, but he did not pay the filing fee or 10 file an application to proceed in forma pauperis. 11 Under 28 U.S.C. § 1914(a), a filing fee is required to commence a civil action in federal court. 12 Under 28 U.S.C. § 1915(a)(1), a plaintiff may bring a civil action “without prepayment of fees or 13 14 security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff “is unable to 15 pay such fees or give security therefor.” Plaintiff must pay the full filing fee or file an application to 16 proceed in forma pauperis.” If the plaintiff is a "prisoner" as defined by 28 U.S.C. § 1915(h), as 17 amended by the Prison Litigation Reform Act ("PLRA"), he remains obligated to pay the entire fee in 18 installments, regardless of whether his action is ultimately dismissed. See 28 U.S.C. § 1915(b)(1) & (2); 19 Taylor v. Delatoore, 281 F.3d 844, 847 (9th Cir. 2002). Plaintiff must pay the full filing fee or file an 20 application to proceed in forma pauperis that complies with the PLRA. 21 ACCORDINGLY, 22 IT IS SO ORDERED that: 23 1. Plaintiff has until January 16, 2026, to pay the filing fee in full or file an application to proceed 24 in forma pauperis. 25 2. Plaintiff shall not file any documents with the Court until he has either paid the full filing fee, or the Court has approved his application to proceed in forma pauperis and screened his complaint.

5 Any documents filed in violation of this Order will not be acted upon by the Court and may be

3 struck sua sponte from the docket. 4 3. Failure to comply with this order may result in dismissal of this case. a “7 □ □□□ 5 IT IS SO ORDERED. ff a | ff Pn, a 6 DATE: December 3, 2025. . (fe fx 7 ff ff ARn. Maximiliané )). Couvilliegetll L vnited States Mé istrate Jydge 9 10 NOTICE 11 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 12 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 13 |! of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal may determine that an appeal has been waived due to the failure to file objections within the specified 1 ° time. Thomas v. Arn, 474 U.S. 140, 142 (1985). 16 This circuit has also held that (1) failure to file objections within the specified time and (2) 17 failure to properly address and brief the objectionable issues waives the right to appeal the District 18 Court's order and/or appeal factual issues from the order of the District Court. Martinez v. YIst, 951 F.2d 19 1153, 1157 (9th Cir. 1991); Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983).

Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with the court of any 39 || change of address. The notification must include proof of service upon each opposing party’s attorney, 23 || or upon the opposing party if the party is unrepresented by counsel. Failure to comply with this rule may 24 || result in dismissal of the action. 25