Taylor v. Alabama State Parole

Filing 3

Order denying 2 MOTION for Leave to Proceed in forma pauperis filed by Robert Taylor. Plaintiff is GRANTED leave to re-file his Motion to Proceed Without Prepayment of Fees or pay the $350.00 filing fee by 10/12/2011. Signed by Magistrate Judge Sonja F. Bivins on 9/12/2011. copy of order and IFP form mailed to plf as directed. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROBERT TAYLOR, Plaintiff, : : vs. : ALABAMA STATE PAROLE, : Defendants. CIVIL ACTION NO. 11-00431-KD-B : ORDER Plaintiff, an Alabama prison inmate proceeding pro se, filed a Complaint under 42 U.S.C. ' 1983 together with a Motion to Proceed Without Prepayment of Fees (Docs. 1, 2). A review of Plaintiff=s Motion to Proceed Without Prepayment of Fees reflects that it does not include a copy of the institutional record of Plaintiff’s inmate account reflecting transactions in his account for the six-month period immediately preceding the filing of his Complaint on July 29, 2011. See 28 U.S.C. ' 1915 (a)(2). In addition, it does not include a certification of the balance in his prison account signed by an authorized officer at the institution. Therefore, Plaintiff=s Motion to Proceed Without Prepayment of Fees (Doc. 2) is DENIED without prejudice. Plaintiff is GRANTED leave to re-file his Motion to Proceed Without Prepayment of Fees by October 12, 2011. His new motion shall include the statutorily required copy of the institutional record of his inmate account reflecting transactions in his account for the six-month period immediately preceding the filing of his complaint, along with institution. a certification by an authorized See 28 U.S.C. ' 1915(b)(2). officer at the In lieu thereof, Plaintiff can pay the $350.00 filing fee by October 12, 2011. Plaintiff is cautioned that the failure to comply with this Order within the prescribed time will result in the dismissal of this action for failure to prosecute and to comply with the Court=s Order. The Clerk is DIRECTED to send Plaintiff a form for a motion to proceed without prepayment of fees. DONE this 12th day of September, 2011. __ /s/ SONJA F. BIVINS______ UNITED STATES MAGISTRATE JUDGE 2

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