Irvin v. United States Probation Office for the Middle District of Alabama et al(INMATE 3)

Filing 3

ORDER that on or before 3/24/2009, the plaintiff shall file either a prison account statement from the account clerk at the Atlanta U. S. Penitentiary showing the average monthly balance in plaintiff's prison account for the 6-month period immediately preceding the filing of this complaint and the average monthly deposits to plaintiff's account during the past six months or the $350.00 filing fee. Signed by Honorable Wallace Capel, Jr. on 3/3/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION NORMAN IRVIN, Plaintiff, v. U.S. DEPT. OF PROBATION AND PAROLES, et al., ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv161-TMH (W O ) Defendants. ORDER The plaintiff, an inmate incarcerated at the Atlanta U.S. Penitentiary in Atlanta, Georgia, has filed a Bivens action1 alleging a violation of his constitutional rights. The plaintiff has also filed a motion for leave to proceed in forma pauperis in this action. Although the plaintiff submitted an affidavit in support of his motion for leave to proceed in forma pauperis, it is not accompanied by the requisite account information from the account clerk at the Atlanta U.S. Penitentiary. Accordingly, it is hereby ORDERED that on or before March 24, 2009, the plaintiff shall file either a prison account statement from the account clerk at the Atlanta U.S. Penitentiary showing the average monthly balance in plaintiff's prison account for the 6-month period immediately 1 Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971). preceding the filing of this complaint and the average monthly deposits to plaintiff's account during the past six months or the $350.00 filing fee. The plaintiff is cautioned that his failure to comply with this order will result in a recommendation that this case be dismissed Done this 3rd day of March, 2009. /s/Wallace Capel, Jr. WALLACE CAPEL, JR. UNITED STATES MAGISTRATE JUDGE

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