Perkins v. Byrne et al
Order re: 1 Complaint and 2 MOTION for Leave to Proceed in forma pauperis filed by Robert Perkins. A review reflects that they are not on this Court's forms. Plaintiff is to complete & file this Court's form for a complaint and to pay the $350.00 filing fee or, in lieu thereof, to file this Court's motion to proceed without prepayment of fees. Disposition Deadline set to 6/2/2011. Motions terminated: 2 MOTION for Leave to Proceed IFP. Signed by Magistrate Judge Katherine P. Nelson on 5/2/2011. Copy of Order and Forms to Plf as directed. (sdb)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
ARTHUR L. BYRNE, et al
CIVIL ACTION 11-00212-KD-N
Plaintiff, an Alabama inmate proceeding pro se, filed a complaint under 42 U.S.C. ' 1983
and a motion to proceed without prepayment of fees (Docs. 1,2). A review of the complaint
and the motion reflects that they not on this Court=s forms. Accordingly, Plaintiff is hereby
ORDERED by June 2, 2011 to complete and file this Court's form for a complaint under 42
U.S.C. ' 1983 and to pay the $350.00 filing fee or, in lieu thereof, to file this Court's motion to
proceed without prepayment of fees. See Local Rule 83.9(d)(1) (requiring a pro se litigant to
file his pleadings on this Court=s forms). The new complaint will supersede the prior complaint.
Thus, Plaintiff shall not rely upon his prior complaint.
Plaintiff is cautioned that the failure to comply with this Order within the prescribed time
or to advise the Court of a change in address will result in a recommendation that this action be
dismissed without prejudice for failure to prosecute and to obey the Court's Order. The Clerk is
DIRECTED to send Plaintiff the form for a complaint under ' 1983 and a motion to proceed
without prepayment of fees.
DONE this 2nd day of May, 2011.
s/KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE
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