Jasper v. Baugh et al

Filing 2

ORDER re 1 Pro Se Motion for Leave to Proceed in forma pauperis filed by Craig J Jasper: Ruling reserved. The plaintiff is directed to complete the AO Form 240 and return to the court by no later than 8/22/2013. Plaintiff is to provide an additio nal statement to the court to disclose why he did not pay the filing fee as the court instructed him to do by 8/22/2013. Plaintiff is also directed to provide to the court a detailed account statement from the Anamosa State Penitentiary's financial office by no later than 8/22/2013. Signed by Chief Judge Linda R Reade on 7/22/2013 (copy w/NEF and AO Form 240 mailed to Plt). (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION

CRAIG JOSEPH JASPER,
Plaintiff,

No. C13-0048-LRR

vs.
BAUGH, MCCUBBIN, KING
VARLAND, FORT DODGE
CORRECTIONAL FACILITY,

ORDER

Defendants.
____________________________
The matter before the court is the plaintiff’s application to proceed in forma
pauperis (docket no. 1). The clerk’s office filed such application on May 2, 2013. Along
with his application to proceed in forma pauperis, the plaintiff submitted a complaint
pursuant to 42 U.S.C. § 1983.
In Jasper v. Baugh, Case No. 1:13-cv-00002-LRR (N.D. Iowa 2013), the court
stated the following:
In his application to proceed in forma pauperis, the plaintiff
makes clear that he has $900.00 in a savings or checking
account. That amount is more than sufficient to pay the
required filing fee. See 28 U.S.C. § 1914(a) (requiring
$350.00 filing fee). It appears that the plaintiff’s access to this
court is not being blocked by his financial condition and he is
merely in the position of having to weigh the financial
constraints posed if he pursues his position against the merits
of his case.1 Because he has sufficient funds, the plaintiff must
pay the required filing fee if he wants to commence a civil
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The plaintiff remarks that he does not think it is appropriate to assert a theory of
negligence, he already sought relief under Iowa Code Chapter 669 and his tort claims did
not survive as a result of Iowa Code section 669.4 and Iowa Code section 669.13.

action under 42 U.S.C. § 1983. Accordingly, the plaintiff’s
application to proceed in forma pauperis (docket no. 1) is
denied and this action is dismissed without prejudice.
The plaintiff’s current application to proceed in forma pauperis appears to be missing
relevant information, including the reference to the part that says he is disclosing
information under the penalty of perjury and a signature. See Fed. R. Civ. P. 11(a)
(requiring signature). The clerk’s office is directed to send the plaintiff AO Form 240.
If he desires to pursue this action, the plaintiff is directed to complete such form and return
it to the court by no later than August 22, 2013. Moreover, rather than pay the required
filing fee as the court directed him to do on February 22, 2013, the plaintiff submitted
another application to proceed in forma pauperis and did not reference the $900.00 that he
previously stated that he had available to him in his savings or checking account. The
court finds this troubling. Consequently, the plaintiff is directed to provide an additional
statement to the court by no later than August 22, 2013. In such statement, the plaintiff
is directed to disclose why he did not pay the filing fee as the court instructed him to do.
He is also directed to disclose the name of the bank where he had deposited the $900.00.
And, if he no longer has access to the $900.00, the plaintiff is directed to give a full
accounting of where that amount of money went. He is also directed to provide to the
court a detailed account statement from the Anamosa State Penitentiary’s financial office
by no later than August 22, 2013. If the plaintiff fails to comply with this order, this case
may be dismissed for failure to respond to an order of the court. Fed. R. Civ. P. 41(b);
Edgington v. Missouri Dept. of Corrections, 52 F.3d 777, 779-80 (8th Cir. 1995); cf. L.R.

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41.1(b)(4). The court reserves ruling on the plaintiff’s application to proceed in forma
pauperis and complaint pursuant to 42 U.S.C. § 1983.
IT IS SO ORDERED
DATED this 22nd day of July, 2013.

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