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3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 *** Zalton E Brooks, 8 Case No. 2:22-cv-01913-MMD-VCF Plaintiff, 9 vs. Order 10 Topez Super Car Wash, et al., Application For Leave to Proceed in Forma 11 Defendants. Pauperis (EFC NO. 1)

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Pro se plaintiff Zalton E Brooks filed an application to proceed in forma pauperis (ECF No. 1) 13 14 and complaint (ECF No. 1-1). I deny Brooks’s in forma pauperis application without prejudice. 15 DISCUSSION 16 Under

(a)(1), a plaintiff may bring a civil action “without prepayment of fees or 17 security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff “is unable to 18 pay such fees or give security therefor.” If the plaintiff is a "prisoner" as defined by

(h), 19 as amended by the Prison Litigation Reform Act ("PLRA"), he remains obligated to pay the entire fee in 20 installments, regardless of whether his action is ultimately dismissed. See

(b)(1) & (2); 21 Brooks v. Delatoore,

(9th Cir. 2002). 22 The District of Nevada has adopted a “Prisoner Form” IFP application for incarcerated persons. 23 Under the PLRA, a prisoner seeking leave to proceed IFP must submit a "certified copy of the trust fund 24 25 account statement (or institutional equivalent) for the prisoner for the six-month period immediately preceding the filing of the complaint."

(a)(2); Andrews v. King,

(9th Cir. 2005). From the certified trust account statement, the Court must assess an initial payment of 1 20% of (a) the average monthly deposits in the account for the past six months, or (b) the average 2 monthly balance in the account for the past six months, whichever is greater, unless the prisoner has no 3 4 assets. See

(b)(1);

(b)(4). The institution having custody of the 5 prisoner must collect subsequent payments, assessed at 20% of the preceding month's income, in any 6 month in which the prisoner's account exceeds $10, and forward those payments to the Court until the 7 entire filing fee is paid. See

(b)(2). 8 Plaintiff is currently incarcerated. ECF No. 1. Plaintiff filed an IFP application from a different 9 district. It would be helpful if plaintiff resubmitted his IFP application on the Prisoner Form approved by 10 this district. Plaintiff did not file a certified copy of the trust fund account statement. Pursuant to the 11 PLRA, plaintiff must submit a certified copy of the trust fund account. Plaintiff’s IFP application is 12 denied without prejudice. Since I deny plaintiff’s IFP application, I do not screen his complaint now. 13 ACCORDINGLY, 14 I ORDER that plaintiff Brooks’s application to proceed in forma pauperis (ECF No. 1) is 15 DENIED without prejudice. 16 17 I FURTHER ORDER that by Wednesday, January 4, 2023, plaintiff must either (1) submit a 18 certified copy of the trust fund account or (2) plaintiff must pay the full fee for filing a civil action. 19 I FURTHER ORDER the Clerk of Court to mail plaintiff a copy of the Prisoner Form IFP 20 application approved by this district. 21 NOTICE 22 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 23 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 24 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 25 2 may determine that an appeal has been waived due to the failure to file objections within the specified

5 time. Thomas v. Arn,

(1985). This circuit has also held that (1) failure to file

3 || objections within the specified time and (2) failure to properly address and brief the objectionable issues 4 || waives the right to appeal the District Court's order and/or appeal factual issues from the order of the 5 || District Court. Martinez v. Ylst,

(9th Cir. 1991); Britt v. Simi Valley United Sch. 6 || Dist.,

, 454 (9th Cir. 1983). Pursuant to LR IA 3-1, plaintiffs must immediately file written 7 || notification with the court of any change of address. The notification must include proof of service upon 8 each opposing party’s attorney, or upon the opposing party if the party is unrepresented by counsel. ° Failure to comply with this rule may result in dismissal of the action. IT IS SO ORDERED. DATED this 30" day November of 2022.

13 CAM FERENBACH 14 UNITED STATES MAGISTRATE JUDGE

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