HENDERSON v. LORD

Filing 4

ORDER re 1 Complaint filed by ROLANDO HENDERSON - 1. Pltf's 2 MOTION for Leave to Proceed in forma pauperis is DENIED without prejudice. 2. Clerk to forward an IFP application to plaintiff. 3. Within THIRTY (30 ) DAYS, pltf shall either pay $350.00 filing fee, or submit completed IFP motion as instructed herein. FILING Fee due by 10/16/2008 ; Alternatively IFP Motion due by 10/16/2008. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on September 16, 2008.(cc: Henderson) (cbj)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION ROLANDO HENDERSON, Plaintiff, vs. DOCTOR LORD, et al., Defendants. _____________________________/ ORDER This cause is before the court upon Plaintiff's filing a civil rights complaint under 42 U.S.C. § 1983 and a motion to proceed in forma pauperis (Docs. 1, 2). Plaintiff's application to proceed in forma pauperis shall be denied, without prejudice, as it is incomplete. A prisoner seeking to bring a civil action without prepayment of the filing fee must submit a financial certificate signed by a prison official with an attached copy the inmate's trust fund account statement for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). In this case, as the complaint was filed September 8, 2008 (see Doc. 1 at 8), the period involved is from March 8, 2008, through September 8, 2008. Although Plaintiff submitted a printout from his inmate account, the printout shows the activity in his account from December 8, 2007 through June 8, 2008. 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. 2) is DENIED without Case No. 5:08cv283/RS/EMT

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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, including a financial certificate signed by a prison official and an attached copy of Plaintiff's trust fund account statement for the period March 8, 2008 through September 8, 2008. 4. Plaintiff's failure to comply with this order may result in the dismissal of this case.

DONE AND ORDERED this 16th day of September 2008.

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

Case No.: 5:08cv283/RS/EMT