Wilson v. Fayette County Jail et al

Filing 2

ORDER re 1 PRO SE MOTION for Leave to Proceed in forma pauperis filed by Derrick Tyler Wilson. The clerk's office is directed to send the plaintiff a 1983 packet and form AO 240. Check Status Deadline set for certificate of inmate account or report by 8/31/2012. Signed by Chief Judge Linda R Reade on 8/17/2012 (copy w/NEF, AO 240 and 1983 packet mailed to Plt). (skm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
EASTERN DIVISION

DERRICK TYLER WILSON,
Plaintiff,

No. C12-2018-LRR

vs.
ORDER

NICK ASSMAN, FAYETTE COUNTY
JAIL,
Defendants.
____________________________

The matter before the court is the plaintiff’s application to proceed in forma
pauperis (docket no. 1). The plaintiff filed such application on March 6, 2012.
The plaintiff did not submit the statutory $350.00 filing fee. See 28 U.S.C. §
1914(a) (requiring $350.00 filing fee).

In order for a court to authorize the

commencement of an action without the prepayment of the filing fee, a person must submit
an affidavit that includes a statement of all the assets the person possesses. 28 U.S.C. §
1915(a)(1). In addition, a prisoner must submit a certified copy of the trust fund account
statement (or institutional equivalent) for the 6-month period immediately preceding the
filing of the complaint, obtained from the appropriate official of each prison. 28 U.S.C.
§ 1915(a)(2). A prisoner bringing a civil action in forma pauperis is required to pay the
full $350.00 filing fee. 28 U.S.C. § 1915(b)(1). The full filing fee will be collected even
if the court dismisses the case because it is frivolous or malicious, fails to state a claim on
which relief may be granted, or seeks money damages against a defendant who is immune
from such relief. 28 U.S.C. § 1915(e)(2).
Here, the plaintiff did not submit a completed certified copy of his trust fund
account statement, that is, a certificate of inmate account. The form that he submitted is

blank. If he desires to pursue the instant action, the plaintiff is directed to file by no later
than August 31, 2012 a certificate of inmate account that he obtained from the appropriate
person at the Fayette County Correctional Facility. The court recognizes that the plaintiff
asserts that officials at the Fayette County Correctional Center refuse to fill out or
complete the certificate of inmate account form. If he again has trouble obtaining the
form, the plaintiff should submit by no later than August 31, 2012 a report that details the
steps that he took to comply with the court’s directive. Such report should, at a minimum,
include the name of the individuals who he asked to complete the form and detail his
encounter with these individuals. Further, it appears from the pleadings that the plaintiff
may no longer be confined. The plaintiff need not submit a certificate of inmate account
if he is not a prisoner. See 28 U.S.C. § 1915(a)(2). Rather, if he has been released, then
the plaintiff should submit by no later than August 31, 2012 a report that makes the court
aware of his current situation. Such report should, at a minimum, include his new address.
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. 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. The clerk’s office is directed to send the plaintiff a 1983 packet and
form AO 240.
IT IS SO ORDERED
DATED this 17th day of August, 2012.

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