Devia v. United States of America et al

Filing 3

ORDER ENTERED: Plaintiff is granted twenty (20) days to submit the certified financial records required by 28 U.S.C. 1915(a)(2) or to pay the $250.00 district court filing fee. Plaintiff is granted twenty (20) days to supplement the complaint to avoid dismissal of the complaint without prejudice pursuant to 42 U.S.C. 1997e(a). Signed by Senior Judge Sam A. Crow on 01/13/06. (smnd)

Devia v. United States of America et al

Doc. 3

Case 5:05-cv-03488-SAC

Document 3

Filed 01/13/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

GERMAIN DEVIA, Plaintiff, v. UNITED STATES OF AMERICA, et al., Defendants. CASE NO. 05-3488-SAC

ORDER Before the court is a complaint filed under 28 U.S.C. § 1331 b y a prisoner confined in a Corrections Corporation of America (CCA) facility in Leavenworth, Kansas. Also before the court is

plaintiff's motion for leave to proceed in forma pauperis under 28 U.S.C. § 1915. A prisoner seeking to bring a civil action without prepayment of the district court filing fee is required to submit an

affidavit that includes a statement of all assets, a statement of the nature of the complaint, and the affiant's belief that he is entitled to redress, 28 U.S.C. § 1915(a)(1), and to submit a certified copy of the inmate's institutional account for the six months immediately preceding the filing of the action from an appropriate official from each prison in which the inmate is or was incarcerated, motion for leave 28 U.S.C. § 1915(a)(2). to proceed records, in the forma court Because plaintiff's includes plaintiff no to

pauperis directs

certified

financial

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s upplement the motion with this necessary information.

The

failure to do so in a timely manner may result in the dismissal of this action based on plaintiff's failure to either pay the $250.00 district court filing for fee, or leave to to comply with the

statutory

requirements

seeking

proceed

without

prepayment of the fee pursuant to 28 U.S.C. § 1915. Plaintiff is further directed to supplement the complaint to demonstrate full exhaustion of administrative remedies on his claims. See 42 U.S.C. § 1997e(a)("No action shall be brought

with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other as correctional are facility are until such

administrative

remedies

available

exhausted.").

Although plaintiff suggests his medical requests to staff are sufficient, a greater showing is required. See Steele v. Federal

Bureau of Prisons, 355 F.3d 1204, 1210 (10th Cir. 2003)(pleading requirement imposed by § 1997e(a) requires a prisoner to attach a copy of applicable administrative dispositions to the

complaint, or to "describe with specificity the administrative proceeding and its outcome"), cert. denied 125 S.Ct. 344 (2004).1 IT IS THEREFORE ORDERED that plaintiff is granted twenty (20) days to submit the certified financial records required by 28 Plai n t i f f also cites a Motion for Adequate Medical Care filed in plaintiff's criminal action, U.S. v. Devia, Case No. 0420115-11-JWL. Court records reflect that this motion was later withdrawn by an order in which the trial court found plaintiff had failed to establish the medical care being provided was inadequate. 2
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U.S.C. § 1915(a)(2), or to pay the $250.00 district court filing fee. IT IS FURTHER ORDERED that plaintiff is granted twenty (20) days to supplement the complaint to avoid dismissal of the

complaint without prejudice pursuant to 42 U.S.C. § 1997e(a). IT IS SO ORDERED. DATED: This 13th day of January 2006 at Topeka, Kansas.

s/ Sam A. Crow SAM A. CROW U.S. Senior District Judge

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