Thomas v. Tyus

Filing 3

Order. Deadline set to 4/11/2016 for plaintiff to file this Court's form for a complaint under 42 U.S.C. § 1983 and to pay the $400.00 filing fee or, in lieu thereof, to file this Court's motion to proceed without prepayment of fees. Signed by Magistrate Judge Katherine P. Nelson on 3/11/2016. copy of Order and forms mailed as directed. (sdb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAMIAN J. THOMAS,

:

Plaintiff,

:

vs.

:

KENNETH TYUS, et al,

:

Defendant(s).

CIVIL ACTION 16-00105-CB-N

:
ORDER

Plaintiff’s §1983 complaint and motion to proceed without prepayment of fees (Docs. 1,
2) are on out-dated forms.
on this Court’s forms).

See Local Rule 9(c) (requiring a pro se litigant to file his pleadings

Plaintiff, therefore, is ORDERED by April 11, 2016, to complete and

file this Court's form for a complaint under 42 U.S.C. § 1983 and to pay the $400.00 filing fee1
or, in lieu thereof, to file this Court's motion to proceed without prepayment of fees.

The new

complaint will supersede the prior complaint. Thus, Plaintiff shall not rely upon his prior
complaint.

Failure to comply with this order within the prescribed time or to notify the Court

immediately of a change in address will result in a recommendation of dismissal of this action
for failure to prosecute and to obey the Court’s order. The Clerk is DIRECTED to send Plaintiff
a form for a complaint under § 1983 and for a motion to proceed without prepayment of fees.

When an in forma pauperis request is granted, the applicable filing fee, if any, is $350.00
for non-habeas actions. See 28 U.S.C. § 1914, Judicial Conference Schedule of Fees (effective
May 1, 2013).
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1

DONE this 11th day of March, 2016.
s/KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE

2