Nunn v. High Desert State Prison ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 TYRONE NOEL NUNN, Case No. 2:24-cv-02050-RFB-EJY 4 Plaintiff 5 v. ORDER 6 HIGH DESERT STATE PRISON, et al., 7 Defendants. 8 9 On November 1, 2024, Plaintiff submitted a Civil Rights Complaint (ECF No. 1-1) but did 10 not pay the $405 filing fee or submit an application to proceed in forma pauperis (“IFP”), one of 11 which is necessary to commence a civil action. 12 The Court notes that Plaintiff has filed over 70 pro se lawsuits in this district since July 2023.1 13 Dozens of these lawsuits have been dismissed because Plaintiff failed to correct fundamental defects 14 with them like filing a single, signed complaint and either paying the filing fee or filing a complete 15 IFP. Although the Court will give Plaintiff an opportunity to file an IFP or pay the full filing fee in 16 this case, the Court is considering other case management options for Plaintiff, including 17 recommending immediate dismissal of a case or declaring Plaintiff a vexatious litigant, if his 18 unwillingness to file the documents necessary to initiate a civil action continues. See Ready Transp., 19 Inc. v. AAR Mfg., Inc., 627 F.3d 402, 404 (9th Cir. 2010) (holding that it is well-established that 20 district courts have the inherent power to control their docket). 21 As Plaintiff is well aware, he must pay the filing fee or complete an IFP. To proceed in forma 22 pauperis, that is, without prepaying the filing fee, Plaintiff must comply with 28 U.S.C. § 1915(a) 23 and Local Rule LSR 1-2. This requires Plaintiff to submit three required documents to the Court 24 including: (1) a completed Application to Proceed in Forma Pauperis for Inmate, on this Court’s 25 approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3), (2) a Financial 26 Certificate properly signed by both the inmate and a prison or jail official (i.e. page 4 of this Court’s 27 1 The Court takes judicial notice of the online docket records of the U.S. Courts, which may be accessed by the public at: https://pacer.uscourts.gov. 1 approved form), and (3) a copy of the inmate’s prison or jail trust fund account statement for 2 the previous six-month period. 3 Accordingly, IT IS HEREBY ORDERED that no later than December 20, 2024, Plaintiff 4 must either pay the $405 filing fee for a civil action or file with the Court: (1) a complete Application 5 to Proceed in Forma Pauperis for Inmate on the Court’s approved form; (2) a Financial 6 Certificate properly signed by both the inmate and a prison or jail official; and (3) a copy of the 7 inmate’s prison or jail trust fund account statement for the previous six-month period. 8 IT IS FURTHER ORDERED that the Clerk of the Court must send to Plaintiff (1) the 9 application to proceed in forma pauperis for inmates, and (2) instructions for completing this form. 10 IT IS FURTHER ORDERED that failure to pay the $405 filing fee or file a complete IFP on 11 or before December 20, 2024, will result in a recommendation to dismiss this action without 12 prejudice. A dismissal without prejudice allows Plaintiff to file his case with the Court, under a new 13 case number, when he is able to comply with LSR 2-1 and file a complete IFP or pay the required 14 filing fee. 15 Dated this 19th day of November, 2024. 16 17 ELAYNA J. YOUCHAH 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27