Application To Proceed In Forma Pauperis (Prisoner) | Pdf Fpdf Doc Docx | Nevada

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Application To Proceed In Forma Pauperis (Prisoner) | Pdf Fpdf Doc Docx | Nevada

Application To Proceed In Forma Pauperis (Prisoner)

This is a Nevada form that can be used for District Court within Federal.

Alternate TextLast updated: 5/16/2006

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INFORMATION AND INSTRUCT IONS FOR FILING A MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. 1746 & 1915 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA FOR A 42 U.S.C. 1983 CIVIL RIGHTS ACTION AND FOR A 28 U.S.C. 2254 HABEAS CORPUS PETITION YOU SHOULD FOLLOW THESE INSTRUCTIONS CAREFULLY . FAILURE TO DO SO MAY RESULT IN YOUR COMPLA INT OR PETITION NOT BEING FILED AND CONSIDERED BY THE COURT . A. General Information About The Motion For Leave to Proceed In Forma Pauperis Form: 1. The Motion for Leave to Proceed In Forma Pauperis Form is designed to help you present to thecourt the necessary information for the court to determine whether you qualify for proceeding in a casewithout having to prepay the filing fee. Local Special Rule (LSR) 1-1 requires the use of the Motion forLeave to Proceed In Forma Pauperis Form by anyone not represented by counsel, that is, if they are proceeding pro se. For your motion to be considered by the District Court of Nevada, it must be typewritten or legibly handwritten. All information m be clearly and concisely wust ritten in the appropriatespace on the formNOTE: DO NOT WRITE ON THE . BACK OF ANY OF THE PAGES; any writingon the back of any page might not be considered by the court. 2. You must sign the release (at the bottom of page 3 of the form) authorizing the court to inquire intoyour financial status. You must also sign the declaration under penalty of perjury that the information inthe motion is true and correct. Beware that any deliberate false statemt of a men aterial fact may serve asa basis for prosecution and conviction for perjury. You should review Rule 11 of the Federal Rules ofCivil Procedure. Note also that Rule 11 provides for the imposition of sanctions if the complaint is signedin violation of the rule. Additionally, if a court finds that you have engaged in sanctionable conduct (suchas pursuing a frivolous or malicious action), and if you are under the control of the Nevada Departmentof Prisons, you can be disciplined under the Prisons Code of Penal Discipline, which can include allsanctions authorized under the Code including the loss of good time credits and punitive confinement.Therefore, you should exercise care to ensure that all the information is true, correct and complete.3. If you do not meet the requirements for proceeding in forma pauperis, then the full filing fee mustaccompany the civil rights complaint ($150.00) or petition for writ of habeas corpus ($5.00). If it isdetermined that you cannot afford to prepay the full filing fee, then the court may allow you to proceedwithout having to pay the full fee in advance (which will be discussed more fully later in Section C.), orwithout paying any fee. IFP-Instructions rev. eff.1/97 <<<<<<<<<********>>>>>>>>>>>>> 24. If you are currently residing in a county that is part of the unofficial Northern Division, then you should mail your completed Motion for Leave to Proceed In Forma Pauperis to the Reno address; if you are currently residing in a county that is part of the unofficial Southern Division, then you should mail your completed Motion for Leave to Proceed In Forma Pauperis to the Las Vegas address. The counties in the unofficial Southern Division are Clark, Esmeralda, Lincoln and Nye. All other counties in the State of Nevada are in the unofficial Northern Division. See LR IA 6-1 and LR IA 8-1. Once your motion is filed, a file stamped copy will be sent to you by the Clerk. When your Motion for Leave to Proceed In Forma Pauperis is completed, you should mail ONLY THE ORIGINAL motion with the complaint or petition for writ of habeas corpus to: Clerk, U.S. District Court Clerk, U.S. District Court District of Nevada District of Nevada Suite #301 OR Room #1334 400 South Virginia Street 333 Las Vegas Blvd., South Reno, Nevada 89501 Las Vegas, Nevada 89101 B. Completing The Motion for Leave to Proceed In Forma Pauperis Form: 1. Space is provided for you to name the lead defendant named in the accompanying action. Unlike a civil complaint form, you do not need to nameof the defendants/respondents in the Motion for Leave all to Proceed In Forma Pauperis. 2. Check the appropriate line indicating the proper type of action this motion is accompanying. 3. Fill-in all of the requested information about yourself on the spaces provided. You must disclose the balance (as best you know) of any type of bank, savings, or investment account(s) to which you can gain access, any real estate you may own (whether in the State of Nevada or in another state), any cars, etc. 4. You must sign and date BOTH the acknowledgment and the declaration under penalty of perjury that the information provided is true and correct. Note that you are authorizing the court to inquire into your financial status. Also, you are put on notice that any untruthful statements or misrepresentations could result in sanctions being imposed against you by the court, AND (if you are an inmate) the Nevada Department of Prisons (NDOP) could bring disciplinary charges against you possibly resulting in the loss of good time credits and/or disciplinary confinement. 5. If you are granted leave to proceed in forma pauperis this only waives the requirem, ent toPREPAY the filing fee and service of process costs. If you are successful in receiving ANY monetary award, the court can require you to reimburse all fees and costs that were waived because you were granted leave to proceed in forma pauperis. IFP-Instructions rev. eff.1/97 2 <<<<<<<<<********>>>>>>>>>>>>> 36. If you are NOT an inmate: Your Motion for Leave to Proceed In Forma Pauperis is complete. Do not complete page four of the form. However, you should be aware that the court may require you to provide additional information about your finances; the court has the discretion to set and require you to pay a partial filing fee. Also, read the final note at the conclusion of these instructions. If you are an inmate: The form contains a fourth page (a financial certificate) to be used by inmates to better inform the court about their financial condition. THE MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS IS NOT COMPLETE AND WILL NOT BE CONSIDERED BY THE COURT UNLESS THE FINANCIAL CERTIFICATE HAS BEEN PROPERLY COMPLETED. Also, each motion for leave to proceed in forma pauperis must have an ORIGINAL financial certificate. C. Determination Of Filing Fee (for inmates only): 1. A properly completed financial certificate is required for the cour

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