Walker v. Mass Department of Corrections

Filing 6

Judge Denise J. Casper: ORDER entered. If Walker would like to pursue this action, he must, within twenty-one (21) days of the date of this order, file a motion for leave to proceed in forma pauperis in the form of an Application to Proceed in District Court Without Prepaying Fees or Costs. Failure to do so will result in dismissal of this action without prejudice. [Order mailed to plaintiff on 12/1/17 with Application to Proceed in District Court Without Prepaying Fees or Costs.](PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

JOHN WALKER,
Plaintiff,
v.
MASS. DEPARTMENT OF
CORRECTIONS,
Defendant.

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Civil Action No. 17-11903-DJC

ORDER
CASPER, J.

December 1, 2017

On October 3, 2017, John Walker (“Walker”), who is incarcerated at MCI Cedar
Junction, filed a pro se complaint in which he challenges the adequacy of medical care he is
receiving for a skin condition. In an order dated October 20, 2017, D. 4, the Court directed
Walker to pay the $400 filing fee or file a motion for leave to proceed in forma pauperis with a
six-month prison account statement. The Court explained that, even if the Court allows Walker
to proceed in forma pauperis, only the requirement that the filing fee be prepaid would be
waived; Walker would still be required to pay a $350 filing fee through installment payments
regardless of the outcome of the case. See 28 U.S.C. § 1915(b). The Court also stated that
failure to respond to the order could result in dismissal of the action without prejudice.
The Clerk included an in forma pauperis application with the copy of the order mailed to
Walker. The Clerk also sent a copy of the order to the treasurer of MCI Cedar Junction to
facilitate any request by the plaintiff for his six-month prison account statement. The Court did
not ask the treasurer to provide that information directly to the Court.

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On November 6, 2017, the Court received a six-month prison account statement for
Walker. It is unclear whether this account statement was submitted by the prison treasurer or by
the plaintiff. Walker did not file a motion for leave to proceed in forma pauperis or any other
document indicating a desire to pursue this case and incur an obligation to pay the $350 filing
fee.
In the absence of a motion to proceed in forma pauperis, it is unclear whether Walker
intends to prosecute this action and accept the concomitant responsibility of paying the filing fee
up front or by making incremental payments pursuant to 28 U.S.C. § 1915(b).
Accordingly, if Walker would like to pursue this action, he must, within twenty-one (21)
days of the date of this order, file a motion for leave to proceed in forma pauperis in the form of
an Application to Proceed in District Court Without Prepaying Fees or Costs. Failure to do so
will result in dismissal of this action without prejudice. The Clerk shall provide the plaintiff with
an Application to Proceed in District Court Without Prepaying Fees or Costs.
IT IS SO ORDERED.
/s/ Denise J. Casper
United States District Judge

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