PRITCHETT v. UNITED STATES
Filing
3
ORDER: Clerk directed to send civil rights form for prisoner pro se litigants and application for IFP. Plaintiff to return amended complaint w/2 service copies. (Amended Pleadings due by 12/5/2012., Fee/IFP due by 12/5/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 11/5/2012. (jws)(Forms to Pla as directed.)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
GERALD PRITCHETT,
Plaintiff,
v.
CASE NO. 5:12-cv-356-MP-GRJ
UNITED STATES,
Defendant.
_____________________________/
ORDER
This matter is before the Court on Plaintiffs’ pro se Complaint (Doc. 1). Plaintiff,
a federal inmate, wishes to file suit under the Federal Tort Claims Act (FTCA). He
alleges that a correctional officer at Federal Correctional Institution- Marianna issued a
tool to three inmates that the inmates later used to break into Plaintiff’s locker and steal
his personal property. Plaintiff alleges that the correctional officer was negligent in not
supervising the inmates’ use of the tool. At the present time, Plaintiff’s Complaint is
deficient because it has not been filed on the proper court form. The Clerk will be
directed to send Plaintiff a copy of the court’s form so that he may refile his Complaint.
Furthermore, Plaintiff has neither paid the civil case filing fee nor filed a motion for leave
to proceed as a pauper. Further consideration of the Complaint will be deferred until
payment is received or Petitioner is granted leave to proceed as a pauper.
Accordingly, it is
ORDERED AND ADJUDGED:
1.
The Clerk shall send Plaintiff a civil rights complaint form for prisoner pro
se litigants, and a form application to proceed in forma pauperis. This
case number should be written on the forms.
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2.
Plaintiff shall file an amended complaint, which shall be typed or clearly
written in English, and submitted on the court form on or before
December 5, 2012. In amending his complaint, Plaintiff shall not refer
back to his original complaint and shall not incorporate any part of his
original complaint by reference. Plaintiff shall also submit 2 identical
service copies of the amended complaint.
3.
Within the same time period, Plaintiff shall either submit the civil filing fee,
or file a complete application to proceed in forma pauperis on the court’s
form.
4.
That failure to comply with this order as instructed, or to show cause as to
why Plaintiff is unable to comply, may result in the dismissal of this case
for failure to prosecute and failure to comply with an order of this court.
DONE AND ORDERED this 5th day of November 2012.
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
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