KENNEY v. TRINITY SERVICE GROUP INC

Filing 6

ORDER re 1 Complaint filed by MICHAEL KENNEY ; Plaintiff's 2 MOTION for Leave to Proceed in forma pauperis is DENIED without prejudice. Clerk to send pltf an IFP and prisoner consent form. Within THIRTY (30) DAYS from docketing date of this order Pltf shall (1) pay $350.00 filing fee, or (2) submit complete IFP motion as directed. Filing Fee due by 5/10/2009 ; Alternatively, IFP Motion due by 5/10/2009. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on April 9, 2009.(cc: Kenney w/ifp,etc) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MICHAEL KENNEY, Plaintiff, vs. TRINITY SERVICE GROUP, INC., et al., Defendants. ___________________________________/ ORDER This cause is before the court upon Plaintiff's filing a civil rights complaint under 42 U.S.C. § 1983 (Doc. 1). Plaintiff also filed a motion to proceed in forma pauperis (Doc. 2). Upon review of the motion to proceed in forma pauperis, the court concludes that Plaintiff failed to provide the requisite supporting documentation for his motion to proceed in forma pauperis, specifically, a prisoner consent form and financial certificate signed by a prison official with an attached copy of his trust fund account statement covering the six-month period preceding the filing of the complaint.1 Therefore, the motion will be denied without prejudice to Plaintiff's refiling a complete motion with the required supporting documentation, and executed by a prison official. Accordingly, it is ORDERED: 1. prejudice. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED without Case No. 3:09cv148/MCR/EMT

The court notes that Plaintiff states that he has been incarcerated at the Escambia County Jail ("ECJ") for less than six (6) months; however, Plaintiff is advised that he must provide the court with a printout from his inmate account(s) for the entire time he has been incarcerated at any facility during the six months preceding the filing of the complaint (see Doc. 2 at 2). Thus, for example, if Plaintiff has been incarcerated at the ECJ for three months (and was not incarcerated elsewhere immediately before his incarceration at the ECJ), he must submit an account statement covering the entire three-month period.

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2. 3.

The clerk shall send Plaintiff a motion to proceed in forma pauperis and a prisoner Within THIRTY (30) DAYS from the date of docketing of this order Plaintiff shall

consent form and financial certificate approved for use in the Northern District. (1) pay the $350.00 filing fee, or (2) submit a completed motion to proceed in forma pauperis with the requisite prisoner consent form and signed financial certificate, including an attached computer printout of the transactions in his prison account. 4. Failure to comply with this order as instructed may result in a recommendation that this case be dismissed for failure to comply with an order of the court. DONE AND ORDERED this 9th day of April 2009. /s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Case No.: 3:09cv148/MCR/EMT