Crawford v. Tony et al

Filing 10

ORDER Because Crawford has shown good cause, his motion for extension of time (Doc. 9 ) is GRANTED. Because Crawford must file a new application to proceed in forma pauperis, his prior application to proceed in forma pauperis (Doc. 2 ) is DENIED as moot. Further, the report and recommendation recommending that the court dismiss this case for failure to prosecute (Doc. 6 ) is WITHDRAWN. Signed by Magistrate Judge Nicholas A Danella on 1/11/2022. (PSM)

FILED
2022 Jan-11 AM 08:43
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
TRISTAN WAYNE CRAWFORD,
Plaintiff,
v.
WARDEN TONY, et al.,
Defendants.

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Case No. 5:21-cv-00188-LSC-NAD

ORDER
Plaintiff Tristan Wayne Crawford filed this action pursuant to 42 U.S.C.
§ 1983, alleging violations of his due process rights while incarcerated in the
Limestone Correctional Facility. Doc. 1. Plaintiff Crawford also filed a motion for
leave to proceed in forma pauperis. Doc. 2. The magistrate judge assigned to the
case1 notified Crawford that his motion to proceed in forma pauperis was
incomplete, and directed him to file a complete, corrected motion within 30 days.
Doc. 3.
Crawford moved for an extension of time to file a corrected motion (Doc. 4),
which was granted (Doc. 5). But Crawford still failed to file a corrected motion, so
the magistrate judge entered a report and recommendation, recommending that the
court dismiss the action without prejudice for failure to prosecute. Doc. 6.

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This case was reassigned to the undersigned on August 31, 2021.
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Crawford then filed objections to the report and recommendation, arguing that
he had not been able to timely file a corrected motion because of delays caused by
the prison business office. Doc. 7.
On December 17, 2021, the undersigned again ordered Crawford either to pay
the filing fee of $402.00, or to submit a properly completed application to proceed
in forma pauperis, within 14 days. Doc. 8.
Now, Crawford has filed a motion for extension of time, stating that he did
not receive the December 17, 2021 order until December 24, 2021, and that due to
understaffing the prison business office will take two-to-four weeks to provide him
with the necessary information to properly complete an application to proceed in
forma pauperis. Doc. 9. In the motion, Crawford also requests copies of pleadings
he previously filed. Doc. 9.
Because Crawford has shown good cause, his motion for extension of time
(Doc. 9) is GRANTED. Crawford must file a new application to procced in forma
pauperis, supported by a certified copy of his prison account statement, within 30
days of the date of this order.
Because Crawford must file a new application to proceed in forma pauperis,
his prior application to proceed in forma pauperis (Doc. 2) is DENIED as moot.
Further, the report and recommendation recommending that the court dismiss this
case for failure to prosecute (Doc. 6) is WITHDRAWN.
However, Crawford is NOTIFIED that the failure to comply with this order
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within 30 days will result in the entry of a new report and recommendation,
recommending that the court dismiss this action based on his failure to comply with
court orders.
Finally, with regard to his requests for copies of pleadings that he previously
filed, Crawford is ADVISED that the court charges $0.50-per-page for copies, and
that those charges must be paid in advance. To obtain a copy of the complaint and/or
other documents in this case, Crawford should mail his request to the Clerk’s Office,
1729 Fifth Avenue North, Birmingham, Alabama 35203. Crawford’s complaint is
seven pages and his current motion is an additional page—eight pages total. For
those two documents, Crawford should send the Clerk of Court a letter requesting
the copies, and a check or money order in the amount of $4.00 to cover the costs of
copying. The check or money order should be made payable to “Clerk, United
States District Court,” and should be clearly marked “Case No. 5:21-cv-00188LSC-NAD.” Upon receipt of the request and payment, the Clerk will mail a copy
of the specified pleadings filed to Crawford.
The Clerk is DIRECTED to serve a copy of this order on the plaintiff.
DONE and ORDERED this January 11, 2022.

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NICHOLAS A. DANELLA
UNITED STATES MAGISTRATE JUDGE

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