Hughley v. U.S. Attorney General et al (INMATE 3)

Filing 3

ORDER directing that on or before 6/20/2012, the plf shall file either (1) a prison account statement from the account clerk @ the Lee County Detention Center, as further set out in order or (2) the $350 filing fee; directing the clerk to send a copy of this order to the account clerk @ Lee County Detention Center. Signed by Honorable Judge Terry F. Moorer on 5/31/12. Copy mailed to account clerk, as directed.(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JOHNNY HUGHLEY,
Plaintiff,
v.
U.S. ATTORNEY GENERAL, et al.,
Defendants.

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Civil Action No. 2:12cv415-TMH
(WO)

ORDER
The plaintiff has filed a Bivens-type complaint1 alleging a violation of his
constitutional rights by the U.S Attorney General and U.S. Probation Commissioner. (Doc.
No. 1.) The plaintiff has also filed a motion for leave to proceed in forma pauperis in this
action. (Doc. No. 2.) 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 Lee County Detention Center, where the plaintiff
is currently incarcerated. Pursuant to the fee provisions of 28 U.S.C. § 1915(b)(1), this court
requires a plaintiff to submit an inmate account statement reflecting the average monthly
balance in his prison account and the average monthly deposits to his account for the
six-month period immediately preceding the filing of a complaint. The plaintiff shall
therefore be granted additional time to provide this court with current information regarding
his inmate account so the court may determine whether he should be allowed to proceed in

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Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).

forma pauperis in this cause of action.
Accordingly, it is hereby
ORDERED that on or before June 20, 2012, the plaintiff shall file either (1) a
prison account statement from the account clerk at the Lee County Detention Center
showing the average monthly balance in the plaintiff’s prison account for the six-month
period immediately preceding the filing of this complaint and the average monthly deposits
to the plaintiff’s account during the past six months or (2) 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.
The Clerk of Court is DIRECTED to send a copy of this order to the account clerk
at the Lee County Detention Center.
Done this 31st day of May, 2012.

/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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