ZERBY v. MCNEIL

Filing 4

ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by VICTOR CHARLES ZERBY, 1 Complaint filed by VICTOR CHARLES ZERBY. - - Within thirty (30) days from order date, plaintiff shall either (1) file a copy of trust fund account statement, or (2) submit filing fee in amount of $350.00. - Miscellaneous Deadline - by 8/13/2009. Signed by MAGISTRATE JUDGE MILES DAVIS on July 15, 2009. (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION VICTOR CHARLES ZERBY, Plaintiff, vs. WALTER A. MCNEIL, et al., Defendants. 3:09cv284/LAC/MD

ORDER This cause is before the court upon plaintiff filing a civil rights complaint under 42 U.S.C. § 1983 (doc. 1) and a motion to proceed in forma pauperis (doc. 2). Plaintiff's motion to proceed in forma pauperis is deficient. A complete application to proceed in forma pauperis includes a motion with supporting affidavit and a prisoner consent form and financial certificate with account summary attachments. While plaintiff has submitted the required prisoner consent form, he has failed to include a copy of his trust fund account statement reflecting transactions in his account at the institution(s) where he was confined during the six month period preceding the filing of his complaint. Plaintiff is reminded that it is his responsibility to obtain the required printout(s) from each institution at which he may have been confined during the past six month period. The court will not process the complaint until the printout(s) is submitted. Accordingly, it is ORDERED: 1. Within thirty (30) days from the date of this order, plaintiff shall either: (1)

correct the deficiency in his in forma pauperis application by filing a copy of his trust fund account statement reflecting transactions in his account at the institution(s) where he was confined during the six month period prior to the filing of this complaint, or (2) submit the filing fee in the amount of $350.00.

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2.

Failure to respond to this order as instructed will result in a recommendation

of dismissal of this action for failure to prosecute and failure to comply with an order of this court.

DONE AND ORDERED this 15th day of July, 2009.

/s/

Miles Davis

MILES DAVIS UNITED STATES MAGISTRATE JUDGE

Case No: 3:09cv284/LAC/MD