Uribe v. Dreesen ( 2024 )

2 DISTRICT OF NEVADA 2 3 3 ANGELO URIBE, Case No.: 2:24-cv-01314-JAD-BNW 4 4 Plaintiff, 5 ORDER 5 v. 6 6 FRANK DREESEN, et al., 7 7 Defendants. 8 8 9 On July 19, 2024, pro se plaintiff Angelo Uribe, an inmate in the custody of the Nevada 9 10 Department of Corrections, submitted a pro se civil-rights complaint under 42 U.S.C. § 1983. ECF 10 11 No. 1-1. But the complaint is not signed personally by Plaintiff. And Plaintiff neither paid the full 11 12 $405 filing fee nor filed an application to proceed in forma pauperis in this action. See ECF No. 1. 12 13 The Court will grant Plaintiff an extension of time to submit a signed amended complaint to the 13 14 Court and either pay the full $405 filing fee or file a fully complete application to proceed in forma 14 15 pauperis. 15 16 I. DISCUSSION 16 17 A. Plaintiff must submit a signed amended complaint to the Court. 17 18 “A civil action is commenced by filing a complaint with the court.” Fed. R. Civ. P. 3. “A 18 19 civil-rights complaint filed by a person who is not represented by an attorney must be submitted 19 20 on the form provided by this court or must be legible and contain substantially all the information 20 21 called for by the court’s form.” Nev. LSR 2-1. And the complaint must be signed personally by 21 22 the unrepresented party. Fed. R. Civ. P. 11(a). 22 23 The Court cannot consider the original complaint because Plaintiff did not personally sign 23 24 it. See ECF No. 1-1. If Plaintiff wants to proceed with this action, he must file an amended 24 25 complaint that is signed personally by him. Plaintiff is advised that an amended complaint replaces 25 26 the original complaint, so the amended complaint must be complete in itself. See Hal Roach 26 27 Studios, Inc. v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1989). This means the 27 28 amended complaint must contain all claims, defendants, and factual allegations that Plaintiff 28 2 Moreover, Plaintiff should file the amended complaint on this Court’s approved civil-rights form, 2 3 and it must be titled “First Amended Complaint.” 3 4 B. Plaintiff must either pay the filing fee or apply for pauper status. 4 5 This Court must collect filing fees from parties initiating civil actions. 28 U.S.C. § 1914(a). 5 6 As of December 1, 2023, the fee for filing a civil-rights action is $405, which includes the $350 6 7 filing fee and the $55 administrative fee. See 28 U.S.C. § 1914(b). “Any person who is unable to 7 8 prepay the fees in a civil case may apply to the court for leave to proceed in forma pauperis.” Nev. 8 9 LSR 1-1. For an inmate to apply for in forma pauperis status, the inmate must submit all three of 9 10 the following documents to the Court: (1) a completed Application to Proceed in Forma 10 11 Pauperis for Inmate, which is pages 1–3 of the Court’s approved form, that is properly signed by 11 12 the inmate twice on page 3; (2) a completed Financial Certificate, which is page 4 of the Court’s 12 13 approved form, that is properly signed by both the inmate and a prison or jail official; and (3) a 13 14 copy of the inmate’s prison or jail trust fund account statement for the previous six-month 14 15 period. See 28 U.S.C. § 1915(a)(1)–(2); Nev. LSR 1-2. In forma pauperis status does not relieve 15 16 an inmate of his or her obligation to pay the filing fee, it just means that the inmate can pay the fee 16 17 in installments. See 28 U.S.C. § 1915(b). 17 18 II. CONCLUSION 18 19 It is therefore ordered that Plaintiff has until 60 days from today, to submit a signed 19 20 amended complaint to this Court. 20 21 It is further ordered that Plaintiff has until 60 days from today, to either pay the full $405 21 22 filing fee or file a fully complete application to proceed in forma pauperis with all three required 22 23 documents: (1) a completed application with the inmate’s two signatures on page 3, (2) a 23 24 completed financial certificate that is signed both by the inmate and the prison or jail official, and 24 25 (3) a copy of the inmate’s trust fund account statement for the previous six-month period. 25 26 Plaintiff is cautioned that this action will be subject to dismissal without prejudice if he 26 27 fails to timely comply with this order. A dismissal without prejudice allows Plaintiff to refile the 27 28 28 2 a complete application to proceed in forma pauperis or pay the required filing fee. 2 3 The Clerk of the Court is directed to send Plaintiff Angelo Uribe (1) the approved form for 3 4 filing a 42 U.S.C. § 1983 complaint and instructions for the same and (2) an application to proceed 4 5 in forma pauperis for an inmate and instructions for the same. 5 6 6 DATED THIS 22 day of July 2024. 7 7 8 8 9 9 UNITED STATES MAGISTRATE JUDGE 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28