1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JC Terrel Taylor, Jr, 4 2:22-cv-01370-ART-MDC Plaintiff(s), 5 vs. Order 6 Metro Police Department., 7 Defendant(s). 8 Incarcerated pro se plaintiff JC Terrel Taylor, Jr filed a complaint, but he did not pay the filing 9 fee or file an application to proceed in forma pauperis. 10 Under

(a), a filing fee is required to commence a civil action in federal court. 11 Under

(a)(1), a plaintiff may bring a civil action “without prepayment of fees or security 12 thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff “is unable to pay such 13 fees or give security therefor.” If the plaintiff is a "prisoner" as defined by

(h), as amended 14 by the Prison Litigation Reform Act ("PLRA"), he remains obligated to pay the entire fee in installments, 15 regardless of whether his action is ultimately dismissed. See

(b)(1) & (2); Taylor v. 16 17 Delatoore,

(9th Cir. 2002). 18 Under the PLRA, a prisoner seeking leave to proceed IFP must submit a "certified copy of the trust 19 fund account statement (or institutional equivalent) for the prisoner for the six-month period immediately 20 preceding the filing of the complaint."

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

(9th 21 Cir. 2005). From the certified trust account statement, the Court must assess an initial payment of 20% of 22 (a) the average monthly deposits in the account for the past six months, or (b) the average monthly balance 23 in the account for the past six months, whichever is greater, unless the prisoner has no assets. See 28

(b)(1);

(b)(4). The institution having custody of the prisoner must collect 25 subsequent payments, assessed at 20% of the preceding month's income, in any month in which the prisoner's account exceeds $10, and forward those payments to the Court until the entire filing fee is paid. 1 See

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

(1985). This circuit has also held that (1) failure to file objections 20 within the specified time and (2) failure to properly address and brief the objectionable issues waives the 21 right to appeal the District Court's order and/or appeal factual issues from the order of the District Court. 22 23 Martinez v. Ylst,

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

, 24 454 (9th Cir. 1983). Pursuant to LR IA 3-1, the plaintiff must immediately file written notification with 25 the court of any change of address. The notification must include proof of service upon each opposing party’s attorney, or upon the opposing party if the party is unrepresented by counsel. Failure to comply

5 with this rule may result in dismissal of the action.

3 IT IS SO ORDERED. 4 Dated this 11th day of March 2024. Zt “ny a

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7 United States Magistfate Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25