1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA

5 IVAN SANDERSON, Case No. 2:21-cv-00390-RFB-NJK

6 Plaintiff ORDER

7 v.

8 THE STATE OF NEVADA ex rel. NEVADA DEPARTMENT OF 9 CORRECTIONS, et al.,

10 Defendants

11 12 I. DISCUSSION 13 On March 8, 2021, Plaintiff, an inmate in the custody of the Nevada Department of 14 Corrections (“NDOC”), submitted a complaint. Docket No. 1-1. Plaintiff has not submitted an 15 application to proceed in forma pauperis or paid the full $402 filing fee in this matter. 16 Complaint 17 The Court notes that Plaintiff did not sign the complaint at Docket No. 1-1. Under Rule 18 11 of the Federal Rules of Civil Procedure, a plaintiff who is not represented by counsel is required 19 to sign his complaint. Fed. R. Civ. P. 11(a). Because Plaintiff did not sign the complaint, the 20 Court cannot consider it. 21 As such, the Court grants Plaintiff a one-time extension to submit a signed amended 22 complaint to the Court on or before May 10, 2021. If Plaintiff chooses to file an amended 23 complaint, he is advised that an amended complaint supersedes (replaces) the original complaint 24 and, thus, the amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. 25 Richard Feiner & Co., Inc.,

(9th Cir. 1989). Therefore, a mere signature 26 page will not be sufficient. Plaintiff should file the signed amended complaint on this Court’s 27 approved prisoner civil rights form, and it must be entitled “First Amended Complaint.” 28 . . . . 1 Application to Proceed in Forma Pauperis 2 3 Under

(a)(2) and Local Rule LSR 1-2, an inmate seeking to begin a civil 4 action in this Court may apply to proceed in forma pauperis in order to file the civil action without 5 prepaying the full $402 filing fee. To apply for in forma pauperis status, the inmate must submit 6 all three of the following documents to the Court: 7 8 (1) a completed Application to Proceed in Forma Pauperis for Inmate, this Court’s 9 approved form (i.e. pages 1 through 3 with the inmate’s two signatures on page 3), 10 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 11 (i.e. page 4 of this Court’s approved form), and 12 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 13 six-month period. 14 The Court will grant Plaintiff a one-time extension to file a fully complete application to 15 proceed in forma pauperis containing all three of the required documents, or in the alternative, pay 16 the full $402 filing fee for this action on or before May 10, 2021. Absent unusual circumstances, 17 the Court will not grant any further extensions of time. If Plaintiff does not file a fully complete 18 application to proceed in forma pauperis with all three required documents or pay the full $402 19 filing fee on or before May 10, 2021, this case will be subject to dismissal without prejudice for 20 Plaintiff to file a new case with the Court when Plaintiff has all three of the documents needed to 21 file a fully complete application to proceed in forma pauperis or pays the full $402 filing fee. 22 A dismissal without prejudice means Plaintiff does not give up the right to refile the case 23 with the Court, under a new case number, when Plaintiff has all three documents needed to submit 24 with an application to proceed in forma pauperis. Alternatively, Plaintiff may choose not to file 25 an application to proceed in forma pauperis and instead pay the full filing fee of $402 on or before 26 May 10, 2021 to proceed with this case. 27 . . . . 28 . . . . 1 II. CONCLUSION 2 For the foregoing reasons, IT IS ORDERED that the Clerk of the Court will send to 3 Plaintiff the approved form for filing a § 1983 complaint, instructions for the same, and a copy of 4 his original complaint at Docket No. 1-1. If Plaintiff files a signed amended complaint, he should 5 use the Court's approved form and he must write the words “First Amended” above the words 6 “Civil Rights Complaint” in the caption. 7 IT IS FURTHER ORDERD that, if Plaintiff chooses to file a signed amended complaint, 8 Plaintiff will file the signed amended complaint with this Court on or before May 10, 2021. 9 IT IS FURTHER ORDERED that, if Plaintiff does not file a signed amended complaint on 10 or before May 10, 2021, this case will be subject to dismissal without prejudice for Plaintiff to 11 refile the case with the Court, under a new case number, when Plaintiff is able to file a signed 12 amended complaint. 13 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved 14 form application to proceed in forma pauperis by an inmate, as well as the document entitled 15 information and instructions for filing an in forma pauperis application. 16 IT IS FURTHER ORDERED that, on or before May 10, 2021, Plaintiff will either pay the 17 full $402 filing fee for a civil action (which includes the $350 filing fee and the $52 administrative 18 fee) or file with the Court: 19 (1) a completed Application to Proceed in Forma Pauperis for Inmate on this Court’s 20 approved form (i.e. pages 1 through 3 of the form with the inmate’s two signatures on page 21 3), 22 (2) a Financial Certificate properly signed by both the inmate and a prison or jail official 23 (i.e. page 4 of this Court’s approved form), and 24 (3) a copy of the inmate’s prison or jail trust fund account statement for the previous 25 six-month period. 26 IT IS FURTHER ORDERED that, if Plaintiff does not file a fully complete application to 27 proceed in forma pauperis with all three documents or pay the full $402 filing fee for a civil action 28 on or before May 10, 2021, this case will be subject to dismissal without prejudice for Plaintiff to 4 refile the case with the Court, under a new case number, when Plaintiff has all three documents needed to file a complete application to proceed in forma pauperis or pays the full $402 filing fee. 3 IT IS SO ORDERED. 4 DATED: March 11, 2021.

7 UNITED rATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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