Summary
This United States District Court for the District of Nevada order denies pro se plaintiff Bernard May’s application to proceed in forma pauperis without prejudice. The court found the application incomplete because the plaintiff submitted the incorrect form and failed to attach the required certified trust fund account statement mandated by the Prison Litigation Reform Act. The order grants the plaintiff until November 3, 2025, to either file the correct prisoner IFP form with the financial statement or pay the full filing fee upfront, warning that failure to comply may result in dismissal.
Topics
Practice areas
Questions Presented
- Whether the plaintiff qualifies for in forma pauperis status under 28 U.S.C. §1915(a)(1) and the Prison Litigation Reform Act requirements.
Holdings
- The plaintiff's IFP application is denied because it is incomplete; the plaintiff must submit the prisoner IFP form with a certified trust fund account statement or pay the filing fee in full.
Key quotations
“Plaintiff's Application To Proceed In Forma Pauperis (ECF No. 1) is DENIED without prejudice.”
Factual background
Bernard May, a prisoner incarcerated in Nevada, filed a pro se civil action and submitted an IFP application using the standard civil form rather than the prisoner-specific form and failed to attach the required six‑month certified trust fund account statement.
Procedural history
Plaintiff Bernard May filed a civil action and submitted an Application to Proceed in Forma Pauperis using the wrong form and without the required trust fund account statement. The district court denied the IFP application without prejudice and ordered the plaintiff to submit the proper form and statement or pay the filing fee.
Remand instructions
By November 3, 2025, plaintiff shall either file the Prisoner IFP application with a copy of his trust fund account statement as specified, or pay the full filing fee upfront. Failure to comply may result in dismissal with prejudice.