Matlock v. Smith et al

Filing 2

INITIAL REVIEW ORDER: Mr. Matlock's Complaint is dismissed without prejudice. Mr. Matlock may refile his Complaint along with either the filing fee or an application to proceed in forma pauperis. He may also file an application for the appointment of counsel. Signed by Senior Judge Donald E O'Brien on 12/31/12. (copy w/nef mailed to pro se plaintiff) (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
CALVIN MATLCOK
Plaintiff,

No. 12-CV-4072-DEO

vs.

INITIAL REVIEW ORDER

JASON SMITH AND CHARLES
PALMER
Defendants.
____________________

I.

INTRODUCTION AND BACKGROUND
This matter is currently before the Court on Calvin

Matlock’s
Complaint.

[hereinafter

Mr.

Matlock’s]

42

U.S.C.

§

1983

Mr. Matlock is an involuntarily committed patient

at the Civil Commitment Unit for Sex Offenders (CCUSO) in
Cherokee, Iowa.1

However, Mr. Matlock has failed to file an

application to proceed in forma pauperis, nor has he paid the
required filing fee.2

Mr. Matlock has also failed to file an

application for the appointment of counsel.

Because Mr.

1

The patients at CCUSO “have served their prison terms
but in a separate civil trial have been found likely to commit
further violent sexual offenses.”
Iowa Department of Human
Services Offer #401-HHS-014:
CCUSO,
1
http://www.dhs.state.ia.us/docs/11w-401-HHS-014CCUSO.pdf, last visited December 28, 2012.
2

The filing fee for a 42 U.S.C. § 1983 petition is $350.
28 U.S.C. § 1914(a).

Matlock has failed to pay a filing fee, his Complaint must be
dismissed.
II. CONCLUSION
For the reason set out above, Mr. Matlock’s Complaint is
DISMISSED without prejudice.

Mr. Matlock may refile his

Complaint along with either the filing fee or an application
to

proceed

in

forma

pauperis.3

He

may

also

file

an

application for the appointment of counsel.
IT IS SO ORDERED this 31st day of December, 2012.

__________________________________
Donald E. O’Brien, Senior Judge
United States District Court
Northern District of Iowa

3

The doctrine of in forma pauperis allows a plaintiff to
proceed without incurring filing fees or other Court costs.
28 U.S.C. § 1915(a)(1).
In order to qualify for in forma
pauperis status, a plaintiff must provide this Court an
affidavit with the following statements: (1) statement of the
nature of the action, (2) statement that plaintiff is entitled
to redress, (3) statement of the assets plaintiff possesses,
and (4) statement that plaintiff is unable to pay filing fees
and court costs or give security therefor.
28 U.S.C. §
1915(a)(1).
2