Smith v. Etter

Filing 2

ORDER advising Plaintiff if he wishes to proceed with this lawsuit, he must submit a request to proceed in forma pauperis or pay the $350 filing fee to the Court within 30 days of entry of this Order. Failure to comply with this Order may result in dismissal of this action under Local Rule 5.5(c)(2) and the Federal Rules of Civil Procedure. Signed by Magistrate Judge Beth Deere on 9/23/08. (jct)

IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS J O N E S B O R O DIVISION

C O R N E L I U S MARQUEL SMITH V. M I K E ETTER No. 3:08CV00153-WRW-BD

P L A IN T IF F

DEFENDANT

ORDER P la in t if f , a pretrial detainee at the Craighead County Detention Facility, brings a p ro se Complaint (docket entry #1) under 42 U.S.C. § 1983. Plaintiff has not paid the sta tu to ry filing fee of $350.00 to initiate this case, nor has he filed a Motion for Leave to P r o c e ed In Forma Pauperis. The Prison Litigation Reform Act ("PLRA") requires that Plaintiff submit a proper a n d complete application to proceed in forma pauperis, along with a "certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6m o n th period immediately preceding the filing of the complaint." 28 U.S.C. § 1915(a)(2) (e m p h a s is added). If Plaintiff wishes to proceed with this lawsuit, he must submit a request to p ro c e ed in forma pauperis or pay the filing fee of $350.00 to the Court within thirty (30) d a ys of entry of this Order. Failure to comply with this Order may result in dismissal of th is action under Local Rule 5.5(c)(2) and the Federal Rules of Civil Procedure.

The Clerk of the Court is directed to send Plaintiff an Application to Proceed In F o rm a Pauperis, along with a copy of this Order. IT IS SO ORDERED this 23rd day of September, 2008.

______________________________________ U N IT E D STATES MAGISTRATE JUDGE