Harris v. Boatwright et al

Filing 8

ORDER vacating 5 Report and Recommendations. The plaintiff must complete and submit his prisoner trust fund account and consent forms within 30 days. Signed by Magistrate Judge Brian K. Epps on 4/15/16. (cmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
MARTY JOHN HARRIS,

)
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Plaintiff,
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v.
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DAVID BOATWRIGHT,
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Deputy; CHRIS STEVENSON, Sheriff;
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and TELFAIR COUNTY
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SHERIFF’S OFFICE,
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Defendants.
)
_________

CV 315-108

ORDER
_________
Plaintiff, an inmate at the Irwin County Detention Center in Ocilla, Georgia, is
proceeding pro se and requested permission to proceed in forma pauperis (“IFP”) in the
above-captioned case brought pursuant to 42 U.S.C. § 1983. On December 15, 2015, 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. 3.) When the time to respond passed, and
Plaintiff had not submitted a Prisoner Trust Fund Account Statement or a Consent to
Collection of Fees form as required by the December 15, 2015 Order, the Court

recommended dismissal of the case without prejudice in a Report and Recommendation
(“R&R”) on February 23, 2016. (Doc. no. 5.)
However, after entering the R&R, Plaintiff filed an objection alleging he had
submitted the forms. (Doc. no. 7.) A review of Plaintiff’s court filings reveals he improperly
submitted the forms in his habeas case, Harris v. Sheffield, CV 315-106 (S.D. Ga. Dec. 11,
2015), for which the forms were not needed. Because Plaintiff is proceeding pro se, the
Court will grant him another opportunity to submit the appropriate forms. Accordingly, the
Court hereby VACATES the February 23rd R&R. (Doc. no. 5.)
Should Plaintiff choose to proceed with his case, Plaintiff MUST comply with the
following instructions:
(1)

Plaintiff must furnish the enclosed Prisoner Trust Fund Account Statement

to the trust (financial) officer of each prison where he has been confined for the past six
months. The trust officer will complete and sign the form and return the form and supporting
documents to Plaintiff for submission to the Court. Two copies of the form are enclosed for
this purpose.
(2)

F

Plaintiff must sign and date the enclosed Consent to Collection of Fees from

Trust Account. By signing this form, Plaintiff gives his consent to the collection of the
entire filing fee from his prison account in installments, in accordance with the provisions of
the Prison Litigation Reform Act.
(3)

Plaintiff must return both the Prisoner Trust Fund Account Statement and

the Consent to Collection of Fees from Trust Account to the Clerk within thirty days of
this Order.
2

Once Plaintiff has returned the required forms, the Court will review Plaintiff’s
complaint to determine which, if any, claims are viable and which, if any, Defendant should
be served with a copy of the complaint.
Plaintiff is cautioned that while this action is pending, he shall immediately inform
this Court of any change of address. Failure to do so will result in dismissal of this case,
without prejudice.
If Plaintiff fails to respond to this Order within thirty days, the Court will
presume that Plaintiff desires to have this case voluntarily dismissed and will dismiss
this action, without prejudice.
SO ORDERED this 15th day of April, 2016, at Augusta, Georgia.

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