Slusser v. Heyns et al

Filing 4

OPINION AND ORDER DISMISSING CASE WITHOUT PREJUDICE Signed by District Judge Victoria A Roberts. (CPin)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RODNEY RAY SLUSSER, Plaintiff, v. SHERIFF HEYNS, Defendants. / OPINION AND ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE This is a civil rights complaint filed under 42 U.S.C. § 1983. Plaintiff Rodney Ray Slusser filed his pro se Complaint, asserting that he was attacked and brutally beaten by two inmates while he was incarcerated in the Jackson County jail. Pursuant to the Michigan Department of Corrections website, it does not appear that Plaintiff is currently incarcerated in a Michigan prison. On August 12, 2010, the Court issued an "Order to Correct Deficiency," because Plaintiff failed to submit the $350.00 filing fee or an Application to Proceed In Forma Pauperis. The Court required Plaintiff to correct the deficiency by September 2, 2010, and cautioned that if he failed to do so, then the Complaint would be subject to dismissal for want of prosecution. Under the Prison Litigation Reform Act ("PLRA"), if a prisoner wishes to proceed without prepayment of the filing fee, the prisoner must file a certified trust account statement and an affidavit of indigence with an authorization to withdraw funds from his prison account as they become available. 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). Plaintiff has not paid the required $350.00 filing fee for this civil action nor has he Case Number: 10-CV-12975 Honorable Victoria A. Roberts

submitted a proper Application to Proceed In Forma Pauperis. The time for correcting the deficiency has elapsed. Accordingly, IT IS ORDERED that Plaintiff's "Complaint" [dkt. # 1] is DISMISSED WITHOUT PREJUDICE for want of prosecution. S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: October 4, 2010
The undersigned certifies that a copy of this document was served on the attorneys of record and Rodney Ray Slusser by electronic means or U.S. Mail on October 4, 2010. s/Carol A. Pinegar Deputy Clerk