Perry v. Attridge, Jr.

Filing 7

ORDER directing the Clerk to forward a copy of this Order to the Chatham County Detention Center's Jail's Administrator. Plaintiff shall have 21 days from the date of this Order to return the Prisoner Trust Fund Account Statement. Signed by Magistrate Judge G. R. Smith on 08/23/2012. (lmm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ALFRED WAYNE PERRY,
Plaintiff,
V.

ROBERT ATTRIDGE,
Defendant.

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Case No. CV412-090

ORDER
Perry has brought suit against his public defender pursuant to 42
U.S.C. § 1983. The Court granted Perry's in forma pauperis ("IFP")
motion but directed him to submit a Prisoner Trust Fund Account
Statement and Consent to : Collection of Fees form within 30 days. (Doc. 3
at 4.) It also warned him that failure to comply could result in dismissal of
his case. (Id. at 5.) Perry, however, only returned the Consent form.
(Doe. 4.) In a letter, he explained that the jail's officials were
uncooperative, hence he could not obtain a completed copy of the other
form. (Doe. 5.)
This Court regularly receives § 1983 complaints from detainees who
seek to proceed in forma pauperis. Rarely has any detainee complained

that a jail's financial officer has refused to furnish or sign a statement
reflecting the detainee's trust account transactions. The Court, therefore,
suspects some mistake or error on plaintiff's part rather than a willful
refusal of his jail's personnel to furnish the requested information,
especially considering Perry's ability to obtain the form in other cases.
See Perry ii. Pennington, No. CV412-096 (S.D. Ga. filed Apr. 11, 2012).

Nevertheless, in order to move this case along the Court DIRECTS the
Clerk to forward to plaintiff a copy of his in forma pauperis motion (doc.
2), the order granting him in forma pauperis status (doc. 3), and two
copies of his Prisoner Trust Fund Account Statement form. Further, the
Clerk shall forward a copy of this Order to Chatham County Detention
Center's Jail's Administrator, Major Terry Enoch. The Court is confident
that the jail officials will cooperate with plaintiff in furnishing the forms if
he follows the proper procedures. Plaintiff shall have 21 days from the
date of this Order to return the forms.
SO ORDERED this 43 day of August, 2012.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
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