Smith (ID 95558) v. Leavenworth County Jail et al

Filing 6

MEMORANDUM AND ORDER ENTERED: Plaintiff's motions to proceed in forma pauperis 2 & 4 are denied without prejudice. Plaintiff is granted to and including February 12, 2018, to submit the $400.00 filing fee or to show cause why this mat ter should not be dismissed without prejudice. The failure to file a timely response may result in the dismissal of this matter without additional prior notice. Signed by U.S. Senior District Judge Sam A. Crow on 01/12/18. Mailed to pro se party Exzabre T. Smith by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

EXZABRE T. SMITH,
Plaintiff,
v.

CASE NO. 17-3191-SAC

LEAVENWORTH COUNTY JAIL, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is a civil rights action filed under 28 U.S.C. § 1983.
Plaintiff proceeds pro se. As a prisoner seeking leave to proceed in
forma pauperis, plaintiff must submit a financial statement showing
the amount of funds held in his institutional financial account. See
28 U.S.C. § 1915(b)(2)(a prisoner must submit a certified financial
statement for the six months preceding the filing of the complaint)
and D.Kan. R. 9.1 (g)(2)(a prisoner seeking leave to proceed in forma
pauperis must provide certified financial statement).
At the commencement of this action on November 2, 2017, plaintiff
submitted a motion to proceed in forma pauperis (Doc. #2). Because
there was no supporting financial statement, the clerk of the court
issued a notice of deficiency advising him that he must submit a
financial statement and granting to and including December 4, 2017,
to provide that documentation.
On December 4, 2017, plaintiff submitted a second motion to
proceed in forma pauperis (Doc. #4) but again, he failed to provide
the necessary financial support. The clerk of the court therefore
issued a second notice of deficiency and directed plaintiff to supply
the financial statement on or before January 3, 2018.

There has been no response to that order. The Court therefore
will deny the pending motions to appeal and directs plaintiff to submit
the $400.00 filing fee or to show cause why this matter should not
be dismissed without prejudice due to his failure to submit the fee
or a certified financial statement.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff’s motions to
proceed in forma pauperis (Docs. #2 and #4) are denied without
prejudice.
IT IS FURTHER ORDERED plaintiff is granted to and including
February 12, 2018, to submit the $400.00 filing fee or to show cause
why this matter should not be dismissed without prejudice. The failure
to file a timely response may result in the dismissal of this matter
without additional prior notice.
IT IS SO ORDERED.
DATED:

This 12th day of January, 2018, at Topeka, Kansas.

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