Johnson v. Iowa State Penitentiary

Filing 2

ORDER re 1 Pro Se Complaint filed by Jordan Johnson: This action is dismissed without prejudice. Signed by Chief Judge Linda R Reade on 10/28/2013 (copy w/NEF mailed to Plt). (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS DIVISION
JORDAN JOHNSON,
Plaintiff,

No. C13-0096-LRR

vs.
IOWA STATE PENITENTIARY,

ORDER

Defendant.
____________________________
The matter before the court is the plaintiff’s letter, which the clerk’s office
construed as a complaint under 42 U.S.C. § 1983. The clerk’s office filed such complaint
on September 20, 2013. The plaintiff did not submit the required filing fee or an
application to proceed in forma pauperis. See 28 U.S.C. § 1914(a) (requiring $450.00
filing fee for civil actions, except that on application for a writ of habeas corpus the filing
fee is $5.00); 28 U.S.C. § 1915 (explaining in forma pauperis proceedings). Further, the
plaintiff’s letter is not sufficient to commence an action. See Fed. R. Civ. P. 3 (indicating
a civil action is commenced by filing a complaint); see also Fed. R. Civ. P. 8 (addressing
general rules of pleading). Consequently, the court is unsure what type of action, if any,
that the plaintiff is trying to commence. Accordingly, this action is dismissed without
prejudice.
IT IS SO ORDERED
DATED this 28th day of October, 2013.