BLAXTON v. PAIMI PROGRAM et al

Filing 6

ORDER - DENIED 5 MOTION for Leave to Proceed in forma pauperis filed by OTIS BLAXTON. Clerk to send plaintiff an application to procced in forma pauperis. Plaintiff shall file the completed forms within 30 days or pay the filing fee of $350.00. Signed by Judge ELIZABETH M TIMOTHY on 6/13/2007. IFP Motion or filing fee due by 7/13/2007. (forms mailed to plaintiff) (tnc)

BLAXTON v. PAIMI PROGRAM et al

Doc. 6

Case 3:07-cv-00227-MCR-EMT

Document 6

Filed 06/13/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION OTIS BLAXTON, Plaintiff, vs. PAIMI PROGRAM, et al., Defendants. _____________________________/ ORDER This cause is before the court upon Plaintiff's filing a civil rights complaint under 42 U.S.C. § 1983, an amended complaint, and a motion to proceed in forma pauperis (Docs. 1, 4, 5). Plaintiff's application to proceed in forma pauperis is denied, without prejudice, as it is incomplete. The instructions require that a print-out of the inmate's prison account be provided which covers the six month period prior to the filing of the petition. In this case, the complaint was filed on or about May 29, 2007 (see Doc. 1), therefore, the relevant six-month period is November 29, 2006 through May 29, 2007. Although Plaintiff submitted a print-out from his inmate account, it reflects his account activity for the month of April 2007 only. Additionally, although Plaintiff submitted a Prisoner Consent Form and Financial Certificate, it was not signed by an authorized prison official. Thus, before this matter may proceed, Plaintiff must either pay the filing fee of $350.00 or obtain leave to proceed in forma pauperis by filing a fully and properly completed application and attachments. No further action will occur in this case until the matter of the filing fee is resolved. Accordingly, it is ORDERED: 1. prejudice. 2. The clerk is directed to forward an in forma pauperis application to Plaintiff. Plaintiff's application to proceed in forma pauperis (Doc. 5) is DENIED without Case No. 3:07cv227/MCR/EMT

Dockets.Justia.com

Case 3:07-cv-00227-MCR-EMT

Document 6

Filed 06/13/2007

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3.

Within THIRTY (30) DAYS from the date of docketing of this order, Plaintiff shall

either pay the filing fee of $350.00 or submit a fully completed application to proceed in forma pauperis with the required attachments. 4. Plaintiff's failure to comply with this order may result in the dismissal of this case. DONE AND ORDERED this 13th day of June 2007.

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Case No.: 3:07cv227/MCR/EMT