Patterson v. Hogg et al
ORDER dismissing without prejudice Mr. Patterson's claims; and certifying that an in forma pauperis appeal is considered frivolous and not in good faith. Signed by Judge Lee P. Rudofsky on 09/08/2021. (ajt)
Case 4:21-cv-00673-LPR Document 6 Filed 09/08/21 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ADC # 129780
LEONARD HOGG, et al.
Plaintiff David Patterson filed this action pro se pursuant to 42 U.S.C. § 1983. (Doc. 2).
Mr. Patterson also filed an Application to Proceed In Forma Pauperis (“Application”). (Doc. 1).
An inmate seeking in forma pauperis status must submit a Calculation of Initial Payment
of Filing Fee sheet, prepared and signed by an authorized official of the detention facility, and “a
certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for
the 6-month period immediately preceding the filing of the complaint . . . obtained from the
appropriate official” of the facility where the inmate is confined. 28 U.S.C. § 1915(a)(2). Mr.
Patterson submitted the required affidavit and a certificate. (Doc. 1). But the certificate was not
signed by an authorized official of the Lincoln County Detention Center. (Id. at 2). And Mr.
Patterson did not submit a calculation sheet. Accordingly, on July 28, 2021, the Court denied Mr.
Patterson’s Application as incomplete. (Doc. 3). The Court also directed Mr. Patterson either to
pay the $402 filing and administrative fees or to file a complete motion to proceed IFP within 30
days. (Id.). Mr. Patterson was cautioned that if he did not do one or the other, his case would be
dismissed without prejudice.1 (Id.).
Local Rule of the Court 5.5(c)(2), provides:
It is the duty of any party not represented by counsel to promptly notify the Clerk and the other
parties to the proceedings of any change in his or her address, to monitor the progress of the
Case 4:21-cv-00673-LPR Document 6 Filed 09/08/21 Page 2 of 2
A copy of the July 28, 2021 Order was mailed to Mr. Patterson at his address of record.
More than 30 days have passed, and Mr. Patterson has not paid the filing fee, filed a complete
application to proceed IFP, or otherwise responded to the Court’s July 28, 2021 Order.
Accordingly, Mr. Patterson’s claims are dismissed without prejudice. The Court certifies that an
in forma pauperis appeal is considered frivolous and not in good faith.
IT IS SO ORDERED this 8th day of September, 2021.
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE
case, and to prosecute or defend the action diligently. A party appearing for himself/herself shall
sign his/her pleadings and state his/her address, zip code, and telephone number. If any
communication from the Court to a pro se plaintiff is not responded to within thirty (30) days,
the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to
be familiar with and follow the Federal Rules of Civil Procedure.
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