Johnson v. Whittaker et al

Filing 4

RULING regarding 3 Letter of Deficiency. This action shall be dismissed without prejudice for failure to pay the filing fee and to correct deficiencies in the pleadings. Signed by Judge James J. Brady on 4/12/2013. (JDL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

DONALD JOHNSON (#117395)
VERSUS

CIVIL ACTION

MAJ. WHITTAKER, ET AL

NUMBER 13-110-JJB-SCR

RULING
Pro se plaintiff, an inmate confined at Louisiana State
Penitentiary, Angola, Louisiana, filed this action pursuant to 42
U.S.C. § 1983 against Maj. Whittaker, Capt. Aymond, Lt. Templeton
and Sgt. Hawkins.

Plaintiff alleged that he was subjected to an

excessive use of force in violation of his constitutional rights.
On March 4, 2013, the plaintiff was ordered within 15 days to
correct deficiencies in the pleadings. Specifically, the plaintiff
was ordered to either pay the full filing fee or submit a current
statement of account completed by an authorized officer certifying
the amount of money currently in his inmate accounts.
Despite notification of the need to correct the deficiencies
in the pleadings, the plaintiff failed to respond to the deficiency
notice.

Plaintiff did not pay the filing fee or file a current

statement of account completed by an authorized officer certifying
the current amount of money in his inmate account.
Therefore, this action shall be dismissed without prejudice
for failure to pay the filing fee and to correct deficiencies in

the pleadings.
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, April 12, 2013.

JAMES J. BRADY, JUDGE
MIDDLE DISTRICT OF LOUISIANA