UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Marsha Byrd, 4 Case No. 2:23-cv-01135-CDS-MDC Plaintiff(s), 5 vs. Order

6 Amanda Laub, 7 Defendant(s).

8 Incarcerated pro se plaintiff Marsha Byrd filed a complaint, but she did not pay the filing fee or 9 file an application to proceed in forma pauperis. 10 11 Under

(a), a filing fee is required to commence a civil action in federal court. 12 Under

(a)(1), a plaintiff may bring a civil action “without prepayment of fees or 13 security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff “is unable to 14 pay such fees or give security therefor.” If the plaintiff is a "prisoner" as defined by

(h), 15 as amended by the Prison Litigation Reform Act ("PLRA"), he remains obligated to pay the entire fee in 16 installments, regardless of whether his action is ultimately dismissed. See

(b)(1) & (2); 17 Taylor v. Delatoore,

(9th Cir. 2002). 18 Under the PLRA, a prisoner seeking leave to proceed IFP must submit a "certified copy of the 19 trust fund account statement (or institutional equivalent) for the prisoner for the six-month period 20 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 22 23 payment of 20% of (a) the average monthly deposits in the account for the past six months, or (b) the 24 average monthly balance in the account for the past six months, whichever is greater, unless the prisoner 25 has no assets. See

(b)(1);

(b)(4). The institution having custody of the prisoner must collect subsequent payments, assessed at 20% of the preceding month's income, in any 1 month in which the prisoner's account exceeds $10, and forward those payments to the Court until the 2 entire filing fee is paid. See

(b)(2). Plaintiff must pay the full filing fee or file an 3 4 application to proceed in forma pauperis that complies with the PLRA. 5 Accordingly, it is so ordered that: 6 1. Plaintiff has until Wednesday April 10, 2024 to pay the filing fee in full or file an 7 application to proceed in forma pauperis. Failure to comply with this order may result in 8 dismissal of this case or a report and recommendation that this case be administratively 9 closed. 10 2. Plaintiff shall not file any documents with the Court until she has either paid the full filing 11 fee, or the Court has approved her application to proceed in forma pauperis and screened her 12 complaint. Any documents filed in violation of this Order will not be acted upon by the 13 Court and may be struck sua sponte from the docket. 14 NOTICE 15 Pursuant to Local Rules IB 3-1 and IB 3-2, a party may object to orders and reports and 16 17 recommendations issued by the magistrate judge. Objections must be in writing and filed with the Clerk 18 of the Court within fourteen days. LR IB 3-1, 3-2. The Supreme Court has held that the courts of appeal 19 may determine that an appeal has been waived due to the failure to file objections within the specified 20 time. Thomas v. Arn,

(1985). This circuit has also held that (1) failure to file 21 objections within the specified time and (2) failure to properly address and brief the objectionable issues 22 waives the right to appeal the District Court's order and/or appeal factual issues from the order of the 23 District Court. Martinez v. Ylst,

(9th Cir. 1991); Britt v. Simi Valley United Sch. 24 Dist.,

, 454 (9th Cir. 1983). Pursuant to LR IA 3-1, the plaintiff must immediately file 25 2 written notification with the court of any change of address. The notification must include proof of

5 service upon each opposing party’s attorney, or upon the opposing party if the party is unrepresented by 3 || counsel. Failure to comply with this rule may result in dismissal of the scion 7. 4 It is so ordered. ti) 5 Dated this 11th day of March 2024. A ff □ ge fi 6 yi Drnnun U/ Couvillipr 7 United States Magistratg Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25