Martinez v. Heintzmann et al

Filing 7

ORDER: Plaintiff shall, within fourteen (14) days from the date of this Order, either submit the $400.00 filing fee or properly complete and file a renewed Motion for Leave to Proceed in forma pauperis and Affidavit of Indigency. Failure to do so will result in the dismissal of this action without further notice. Plaintiff's Emergency Motion to Waive PACER fees (DKT. #6) is DENIED. Signed by Judge James S. Moody, Jr on 4/29/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
HERBERT MARTINEZ,
Plaintiff,
v.

Case No: 8:14-cv-215-T-30MAP

KURT HEINTZMANN, STEVEN
TONER, ANTHONY SCAGLIONE,
LISA HERNDON, FRANK MARTINEZ,
VICKIE MARTINEZ, MICHAEL
BECKWITH, BRYAN FAULKINGHAM,
GISELLE DEPIERO, WILLIAM
POWERS, AL NIENHUIS and BRAD
KING,
Defendants.

ORDER
Plaintiff, a prisoner proceeding pro se, filed a civil rights complaint pursuant to 42
U.S.C. § 1983 (Dkt. #1) and a Motion for Leave to Proceed in forma pauperis (Dkt. #2).
This Court entered an Order denying Plaintiff’s Motion to Proceed in forma pauperis and
directing Plaintiff to file an Amended Complaint. (Dkt. #4) Plaintiff filed his Amended
Complaint (Dkt. #5). He also filed an Emergency Motion for Miscellaneous Relief to
Waive PACER fees (Dkt. #6) on the basis of his indigency and financial hardship, but did
not file a renewed Motion for Leave to Proceed in forma pauperis or pay the $400.00 filing
fee.

It is therefore ORDERED and ADJUDGED that:
1. Plaintiff shall, within fourteen (14) days from the date of this Order, either
submit the $400.00 filing fee or properly complete and file a renewed Motion
for Leave to Proceed in forma pauperis and Affidavit of Indigency. Failure to
do so will result in the dismissal of this action without further notice.
2. Plaintiff’s Emergency Motion to Waive PACER fees (DKT. #6 ) is DENIED.
DONE and ORDERED in Tampa, Florida, this 29th day of April, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2014\14-cv-215 pay fee.docx

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