Simmons v. Owen et al

Filing 5

ORDER instructing the plaintiff to either submit the entire $400 filing fee or to submit his prisoner trust fund and consent forms within 14 days of this order. (Compliance due by 1/22/2015). Signed by Magistrate Judge Brian K. Epps on 1/8/15. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
SHELLY SIMMONS,

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Plaintiff,
v.
BRIAN OWENS, et al.,
Defendants.

CV 314-139

ORDER
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Plaintiff, an inmate at Johnson State Prison in Wrightsville, Georgia, commenced the
above-captioned civil rights case pro se and requested permission to proceed in forma pauperis
(“IFP”). On December 4, 2014, the Court directed Plaintiff to return his Prisoner Trust Fund
Account Statement and Consent to Collection of Fees forms within thirty days. 28 U.S.C. §
1915(b)(1). The time to respond has passed, and Plaintiff has not submitted the documents
required by the Court’s December 14th Order. Instead, Plaintiff has submitted $350.00 to the
Clerk in lieu of returning the forms.
In accordance with the Court’s December 4th Order, Plaintiff must submit the Trust Fund
Account Statement and Consent to Collection of Fees if he is to continue to proceed IFP. Wilson
v. Sargent, 313 F.3d 1315, 1319, 1321 (11th Cir. 2002) (citing 28 U.S.C. § 1915). If Plaintiff
wishes to no longer proceed IFP, he must pay the full $400.00 filing fee required for non-IFP
civil actions in this Court.

See http://www.gasd.uscourts.gov/usdcCourtInfo.asp#courtFees

Accordingly, the Court ORDERS Plaintiff to either submit the entire $400.00 required for non-

IFP civil actions or submit a Trust Fund Account Statement and Consent to Collection of Fees
according to the Court’s December 4th Order to continue to proceed IFP within 14 days of the
date of this Order.
SO ORDERED this 8th day of January, 2015, at Augusta, Georgia.

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