White v. Lewandowski et al

Filing 5

ORDER directing the Clerk to serve this Order on Plaintiffs custodian and to include a Prisoner Trust Fund Account Statement with that service copy. The custodian is to complete and return the form to the Plaintiff. Plaintiff must then return the Tru st Fund Account Statement, along with the Consent to Collection of Fees form, to the Court by no later than May 26, 2017. The Court directs the Clerk to enclose a copy of the Consent to Collection of Fees form with Plaintiffs service copy of this Order. Compliance due by 5/26/2017. Signed by Magistrate Judge Brian K. Epps on 05/08/2017. (thb) (Additional attachment(s) added on 5/8/2017: # 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
RODERICK MAURICE WHITE,

)
)
Plaintiff,
)
)
v.
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S. LEWANDOWSKI, Correctional Officer;
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JANE DOE, Nurse; and TONY CUMMINGS, )
Correctional Officer,
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Defendants.
)
_________

CV 117-042

ORDER
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On April 11, 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 April 11th Order. However, he did submit a “Notice” to the Court explaining he
submitted the Trust Fund Account Statement to “‘Ms. Dixion’ of Business Office” but has
not received back the completed 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 May

26, 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, including the calculation of the average
monthly deposits and average monthly balance, 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 May 26, 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 8th day of May, 2017, at Augusta, Georgia.

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