Ingram v. Atlanta Department of Corrections et al

Filing 10

ORDER vacating 7 Report and Recommendations; granting 9 Motion for Extension of Time to File. Plaintiff shall have until Wednesday, December 24, 2014, to return his IFP papers as instructed in the Court's October 24th Order. Signed by Magistrate Judge Brian K. Epps on 12/11/2014. (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
BARRY INGRAM,
Plaintiff,
v.
ATLANTA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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CV 114-188

ORDER
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Plaintiff, an inmate at Augusta State Medical Prison in Grovetown, Georgia, is
proceeding pro se and requested permission to proceed in forma pauperis (“IFP”) in the abovecaptioned case brought pursuant to 42 U.S.C. § 1983. On October 24, 2014, the Court directed
Plaintiff to return his Prisoner Trust Fund Account Statement and Consent to Collection of Fees
forms within thirty days and advised Plaintiff that all prisoners, even those proceeding IFP, must
pay the filing fee of $350.00 in full. 28 U.S.C. § 1915(b)(1). Plaintiff was cautioned that failure
to respond would be an election to have this case voluntarily dismissed without prejudice. (See
doc. no. 6.) When the time to respond had passed, and Plaintiff had not submitted either form as
required by the October 24th Order, the Court recommended dismissal of the case without
prejudice in a Report and Recommendation (“R&R”) dated December 8, 2014. (Doc. no. 7.)
However, after entering the R&R, Plaintiff submitted a motion for an extension to submit
the forms, signed by Plaintiff on December 2, 2014 and filed by the Clerk of Court on December
10, 2014. (See doc. no. 9.) Plaintiff states that he has been attempting to get the account

statement signed by the correct prison official. (Id.) Accordingly, and in an abundance of
caution, the Court hereby VACATES the December 8th R&R, (doc. no. 7), and GRANTS
Plaintiff’s request for an extension. Plaintiff shall have until Wednesday, December 24, 2014, to
return his IFP papers as instructed in the Court’s October 24th Order. If Plaintiff fails to comply
with the instructions set forth in the October 24th Order by the extended deadline, the Court will
presume that Plaintiff desires to have this case voluntarily dismissed and it will dismiss this
action, without prejudice.
SO ORDERED this 11th day of December, 2014, at Augusta, Georgia.

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