Upshaw v. Hall et al

Filing 24

ORDER REVOKING 4 Order on Motion for Leave to Proceed in forma pauperis. Plaintiff shall have 14 days from the date of this Order to submit the filing fee or any appropriate IFP forms, and failure to comply within 14 days will result in a recommendation to the presiding District Judge that this case be dismissed without prejudice. Signed by Magistrate Judge Brian K. Epps on 11/13/2017. (jlh) (Additional attachment(s) added on 11/13/2017: # 1 IFP Long Form and Affidavit) (jlh).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
TODD UPSHAW,
Plaintiff,
v.
JACOB BEASLEY, Lieutenant,
Defendant.

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CV 317-029

ORDER
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Plaintiff, an inmate formerly incarcerated at Telfair State Prison in Helena, Georgia,
commenced the above-captioned case pursuant to 42 U.S.C. § 1983. Plaintiff is proceeding pro
se and sought leave to proceed in forma pauperis (“IFP”). (Doc. no. 2.) The Court granted
Plaintiff leave to proceed IFP on May 19, 2017, subject to compliance with the conditions of its
Order. (Doc. no. 4.) However, Plaintiff has been released from incarceration, (see doc. nos. 15,
19), 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As Plaintiff’s IFP status has been revoked, Plaintiff must submit the $400.00 filing fee or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.

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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.

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 13th day of November, 2017, at Augusta, Georgia.

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