United States District Court, D. Nevada
ORDER (IFP APP. - ECF NO. 5)
A. LEEN, UNITED STATES MAGISTRATE JUDGE
matter is before the court on Plaintiff Ray Sharpe's
Applications to Proceed In Forma Pauperis (ECF No.
5). This Application is referred to the undersigned pursuant
to 28 U.S.C. § 636(b)(1)(A) and LR IB 1-3 of the Local
Rules of Practice.
Sharpe is a prisoner in the custody of the Nevada Department
of Corrections (“NDOC”) at the High Desert State
Prison. He is proceeding in this action pro se,
which means that he is not represented by an attorney.
See LSR 2-1. LSR 1-1 states that any person who is
unable to prepay the fees in a civil case may apply to the
court for authority to proceed in forma pauperis
(“IFP”), meaning without the prepayment of the
full $400 filing fee. See also 28 U.S.C. § 1915.
Sharpe requested permission to proceed IFP upon initiating
this case. However, his IFP Applications (ECF Nos. 1, 3) were
either incomplete or submitted on the wrong form.
court informed Mr. Sharpe that his first IFP Application (ECF
No. 1) was submitted on the correct form but was missing two
items: a financial certificate signed by an authorized NDOC
officer and a copy of his inmate trust account statement.
See Aug. 24, 2017 Order (ECF No. 4). The second IFP
Application (ECF No. 3) was submitted on the form used by the
Nevada state courts, which does not contain all the
information required in this court. The court noted that
“Sharpe did submit a copy of his inmate trust account
statement but it was not authenticated by an authorized NDOC
officer with a signed financial certificate.” Order
(ECF No. 4) at 2. Because he had not submitted the correct
forms and supporting documentation, the court could not
determine the amount of the initial partial filing fee and
therefore denied the IFP Applications without prejudice.
Id. at 2-3. The court instructed Mr. Sharpe that, by
September 22, 2017, he must (1) file a new IFP application,
accompanied by a signed and executed financial certificate, a
signed and executed financial affidavit, and a statement of
his inmate trust account, or (2) pay the $400 filing fee.
Id. at 3.
Sharpe timely filed a new IFP Application (ECF No. 5) along
with a copy of his inmate trust account statement and a
financial certificate signed by an authorized NDOC officer.
The financial certificate authenticates Sharpe's
financial information as of July 24, 2017, and states that
his account balance was $447.66. Mr. Sharpe's application
includes additional inmate trust account statements that
appear to cover transactions that occurred in August 2017
after the NDOC officer signed the financial certificate.
See IFP App. (ECF No. 5) at 13-18. However, as noted
in the previous Order (ECF No. 4), the court cannot determine
an initial partial filing fee based upon account statements
that are not authenticated by an authorized NDOC officer with
a signed financial certificate. Because Sharpe's account
balance was over $350.00, the financial certificate states
that he must pay the $350.00 base filing fee before he will
be allowed to proceed in the action. Mr. Sharpe signed the
financial certificate acknowledging the same. The court finds
that. Sharpe must pay the base filing fee of $350.00, and he
shall have until February 5, 2018, to submit
his filing fee.
receipt of the filing fee, the court will screen
Plaintiff's complaint as required by 28 U.S.C.
§§ 1915(e)(2) and 1915A(a); Lopez v.
Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc)
(noting that § 1915(e)'s screening requirement
“applies to all in forma pauperis
complaints”). If the complaint states a valid claim for
relief, the court will direct the Clerk of the Court to issue
summons to the defendants) and instruct the United States
Marshal Service to serve the summons and complaint.
Cf. Fed. R. Civ. P. 4(c)(3); LSR 1-3(c) (requiring
that a prisoner's initial partial filing fee be paid
“before the Court will order service of
IT IS ORDERED:
1. Plaintiff s Application to Proceed In Forma
Pauperis (ECF No. 5) is GRANTED.
2. Plaintiff is permitted to maintain this action to
conclusion without prepaying the full $400 filing fee or
costs or giving other security therefor. Plaintiff must pay
the base filing fee of $350.00 on or before February
3. The Clerk of Court shall MAIL Plaintiff two copies of this
Order. Plaintiff must make the necessary arrangements to have
one copy of this Order attached to a check in the amount of
the $350.00 filing fee.
4. This Order granting IFP status does not extend to issuance
and/or service of subpoenas at government expense.
 The $400 filing fee consists of a $350
base fee and a $50 administrative fee. Pursuant to the
court's Schedule of Fees dated December 1, 2016, the $50
administrative fee does not apply to persons granted in