Spangler v. Speaks et al (INMATE 1)

Filing 11

MEMORANDUM OPINION AND ORDER- Accordingly, the report and recommendation, 9 , is REJECTED, and Spangler is ORDERED to return a signed Prisoner Consent Form and to pay the initial filing fee of $139.70 by December 2, 2021. Failure to follow these requirements will result in dismissal of the complaint. Signed by Judge Abdul K Kallon on 11/19/2021. (AKD)

FILED
2021 Nov-19 AM 08:46
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MARCUS MONTEZ SPANGLER,
Plaintiff,
v.
COI KELLER SPEAKS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Civil Action Number
2:21-CV-00965-AKK-GMB

MEMORANDUM OPINION AND ORDER
The magistrate judge filed a report on October 5, 2021, recommending that
the court dismiss Marcus Montez Spangler’s pro se complaint for failing to pay an
initial filing fee and to return a signed Prisoner Consent Form within 30 days. See
doc. 9 (citing doc. 8). Spangler timely filed an objection, asserting that he “sent the
consent form along with a request asking the clerk . . . to withdraw the money from
[his] account and send [it] to the court.” Doc. 10 at 1. He further states that the
prison has been intercepting the letters he sends to the courts. See id.
Having reviewed and considered de novo the court file, in light of Spangler’s
claim that he did in fact attempt to send a Prisoner Consent Form and authorize the
withdrawal of money from his account, the court will give Spangler another
opportunity to submit a signed Prisoner Consent Form and to pay the initial filing

fee in accordance with the court’s earlier order, doc. 8. 1 Accordingly, the report and
recommendation, doc. 9, is REJECTED, and Spangler is ORDERED to return a
signed Prisoner Consent Form and to pay the initial filing fee of $139.70 by
December 2, 2021. Failure to follow these requirements will result in dismissal of
the complaint. The clerk is DIRECTED to include another copy of Spangler’s
Prisoner Consent Form, see doc. 8, with this order.
DONE the 19th day of November, 2021.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

1

In this order, the magistrate judge assessed an initial partial filing fee of $139.70 and required
Spangler to make regular payments thereafter until the entire filing fee of $350.00 is paid in full,
pursuant to 28 U.S.C. § 1915(b)(1) and (2). See doc. 8 at 1.

2