CHARLES v. STONE et al

Filing 36

ORDER revoking Plaintiff's leave to proceed IFP re 8 Order on Motion for Leave to Proceed in forma pauperis. Plaintiff must submit the filing fee or new motion to proceed IFP if he wishes to pursue this case. Failure to comply within 14 days will result in a recommendation that this case be dismissed without prejudice. (Compliance due by 4/30/2018.) Signed by Magistrate Judge Brian K. Epps on 04/16/2018. (Attachments: # 1 IFP Long Form) (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
LEPHAINE JEFF CHARLES,

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Plaintiff,
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v.
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D. TOWNS, Officer; and MRS. WILLIAMS, )
Officer, individually and in their official
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capacities,
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Defendants.
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CV 317-027

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ORDER
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Plaintiff, an inmate formerly incarcerated at the Federal Correctional Institution in
Beaver, West Virginia, commenced the above-captioned case pursuant Bivens v. Six Unknown

Federal Narcotics Agents, 403 U.S. 388 (1971), regarding events alleged to have occurred at
McRae Correctional Facility in McRae, Georgia. Plaintiff is proceeding pro se and sought
leave to proceed in forma pauperis (“IFP”). (Doc. no. 4.) The Court granted Plaintiff leave to
proceed IFP on May 11, 2017, subject to compliance with the conditions of its Order. (Doc. no.
8.) However, Plaintiff has been released from incarceration, (see doc. no. 35), and thus he can
no longer proceed IFP pursuant to his former status as an incarcerated litigant. Therefore, the
Court REVOKES Plaintiff’s leave to proceed IFP.
As Plaintiff’s IFP status has been revoked, Plaintiff must submit the $400.00 filing fee or

a new motion to proceed IFP if he wishes to pursue the above-captioned case.1 See Loc. R. 4.1.
Plaintiff shall have fourteen days from the date of this Order to submit the filing fee or any
appropriate IFP forms. Upon receipt of the new IFP motion, the Court will determine whether
Plaintiff should be granted leave to proceed IFP or whether Plaintiff should pay the $400.00
filing fee. If no response is timely received from Plaintiff, the Court will presume he desires to
have this case voluntarily dismissed and will recommend dismissal of this action, without
prejudice. Plaintiff is cautioned that, while this action is pending, he shall immediately inform
this Court of any change of address.
Failure to comply with the terms of this Order within fourteen days of the undersigned
date will result in a recommendation to the presiding District Judge that this case be dismissed
without prejudice.
SO ORDERED this 16th day of April, 2018, at Augusta, Georgia.

1

The Court DIRECTS the CLERK to attach a copy of the standard IFP form and
supporting affidavit used by non-incarcerated pro se litigants filing a civil rights case in the
Southern District of Georgia, stamped with this case number, to Plaintiff’s service copy of this
Order.
2