Provino v. Wray

D. Nevada

Provino v. Wray

DecidedJuly 13, 2023

Docket3:23-cv-00211

StatusUnknown

This text of Provino v. Wray (Provino v. Wray) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Provino v. Wray, (D. Nev. 2023).

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 3:23-cv-00211-MMD-CSD RAPHAEL M. PROVINO, 4 Order Plaintiff 5 v. 6 FBI DIRECTOR CHRISTOPHER WRAY, et 7 al.,

8 Defendants

9 On May 24, 2023, Plaintiff filed a complaint that was not accompanied by either the 10 $402 filing fee (consisting of a $350 filing fee and $52 administrative fee) or an application to 11 proceed in forma pauperis (IFP). 12 A person may be granted permission to proceed IFP if the person “submits an affidavit 13 that includes a statement of all assets such [person] possesses [and] that the person is unable to 14 pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense 15 or appeal and affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1); Lopez 16 v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc) (stating that 28 U.S.C. § 1915 applies to 17 all actions filed IFP, not just prisoner actions). 18 The Local Rules of Practice for the District of Nevada provide: “Any person who is 19 unable to prepay the fees in a civil case may apply to the court for authority to proceed [IFP]. 20 The application must be made on the form provided by the court and must include a financial 21 affidavit disclosing the applicant’s income, assets, expenses, and liabilities.” LSR 1-1. 22 “[T]he supporting affidavits [must] state the facts as to [the] affiant’s poverty with some 23 particularity, definiteness and certainty.” U.S. v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (quotation marks and citation omitted). A litigant need not “be absolutely destitute to enjoy the 2\| benefits of the statute.” Adkins v. Du Pont de Nemours & Co., 335 U.S. 331, 339 (1948). 3 The Clerk shall SEND Plaintiff the instructions and application to proceed IFP for a non- 4) inmate. Plaintiff has 30 days from the date of this order to either pay the $402 filing fee or submit a completed IFP application on the court’s form. A failure to do so may result in dismissal of this action without prejudice. IS SO ORDERED. 8|| Dated: July 13, 2023 Ss

Craig S. Denney 10 United States Magistrate Judge 1] 12 13 14 15 16 17 18 19 20 21 22 23

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 3:23-cv-00211-MMD-CSD RAPHAEL M. PROVINO, 4 Order Plaintiff 5 v. 6 FBI DIRECTOR CHRISTOPHER WRAY, et 7 al.,

8 Defendants

9 On May 24, 2023, Plaintiff filed a complaint that was not accompanied by either the 10 $402 filing fee (consisting of a $350 filing fee and $52 administrative fee) or an application to 11 proceed in forma pauperis (IFP). 12 A person may be granted permission to proceed IFP if the person “submits an affidavit 13 that includes a statement of all assets such [person] possesses [and] that the person is unable to 14 pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense 15 or appeal and affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1); Lopez 16 v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc) (stating that 28 U.S.C. § 1915 applies to 17 all actions filed IFP, not just prisoner actions). 18 The Local Rules of Practice for the District of Nevada provide: “Any person who is 19 unable to prepay the fees in a civil case may apply to the court for authority to proceed [IFP]. 20 The application must be made on the form provided by the court and must include a financial 21 affidavit disclosing the applicant’s income, assets, expenses, and liabilities.” LSR 1-1. 22 “[T]he supporting affidavits [must] state the facts as to [the] affiant’s poverty with some 23 particularity, definiteness and certainty.” U.S. v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (quotation marks and citation omitted). A litigant need not “be absolutely destitute to enjoy the 2\| benefits of the statute.” Adkins v. Du Pont de Nemours & Co., 335 U.S. 331, 339 (1948). 3 The Clerk shall SEND Plaintiff the instructions and application to proceed IFP for a non- 4) inmate. Plaintiff has 30 days from the date of this order to either pay the $402 filing fee or submit a completed IFP application on the court’s form. A failure to do so may result in dismissal of this action without prejudice. IS SO ORDERED. 8|| Dated: July 13, 2023 Ss

Craig S. Denney 10 United States Magistrate Judge 1] 12 13 14 15 16 17 18 19 20 21 22 23

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