Reid v. Wilkes et al

Filing 5

ORDER directing the Clerk to serve this Order on Plaintiff's custodian and to include a Prisoner Trust Fund Account Statement with that service copy. The Court directs the Clerk to enclose a copy of the Consent to Collection of Fees form with Plaintiff's service copy of this Order. Compliance due by 4/28/2017. Signed by Magistrate Judge Brian K. Epps on 04/06/2017. (Attachments: # 1 Prisoner Trust Fund Account Statement and Consent to Collection of Fees from Trust Account) (thb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
TRAVION REID,
Plaintiff,
v.
SCOTT WILKES; STAN SHEPARD;
RUTHIE SHELTON; MRS. BUSSEY;
MARY ALSTAN; P.A.CAIN;
AYAZ CHAUDHARY;
KIMBERLY FOUNTAIN; and
GREGORY DOZIER,
Defendants.

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CV 117-032

ORDER
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On March 14, 2017, the Court granted Plaintiff, an inmate at Augusta State Medical
Prison in Grovetown, Georgia, permission to proceed in forma pauperis (“IFP”) conditioned
on his return of a Prisoner Trust Fund Account Statement and Consent to Collection of Fees
form. (See doc. no. 3.)

Plaintiff has not returned either form provided to him with the

Court’s March 14th Order, but he did submit a different account certification form that does
not contain all of the information required by the Court’s form. (See doc. no. 4.) He has no
explanation for why he has not returned the Consent to Collection of Fees form, a document
that requires no input from any prison official but does require his signature.
Plaintiff cannot proceed IFP unless he submits the requisite Trust Fund Account
Statement and consents to the collection of the entire $350.00 filing fee in installments.

Wilson v. Sargent, 313 F.3d 1315, 1319-20 (11th Cir. 2002). Plaintiff shall have until April
28, 2017, to submit the required Prisoner Trust Fund Account Statement signed by an
authorized prison official and a Consent to Collection of Fees form signed by him. Failure to
return the required paperwork will be an election to have this case dismissed without
prejudice.
To ensure that prison officials have received the Trust Fund Account Statement, the
Court DIRECTS the CLERK to serve this Order on Plaintiff’s custodian and to include a
Prisoner Trust Fund Account Statement with that service copy. The Court is confident that
prison officials will expeditiously fill out the form and return it to Plaintiff. Plaintiff must
then return the Trust Fund Account Statement, along with the Consent to Collection of Fees
form, to the Court by no later than April 28, 2017. The Court DIRECTS the CLERK to
enclose a copy of the Consent to Collection of Fees form with Plaintiff’s service copy of this
Order.
SO ORDERED this 6th day of April, 2017, at Augusta, Georgia.

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