Baro v. Obama et al

Filing 4

OPINION AND ORDER DISMISSING CASE Signed by District Judge Victoria A Roberts. (CPin)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DANILO BARO, Plaintiff, v. SIX UNKNOWN NAMED AGENTS, et al., Defendants. _____________________________________/ OPINION AND ORDER OF DISMISSAL The Court has before it Plaintiff Danilo Baro's pro se civil rights complaint brought pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971). Plaintiff is a federal prisoner confined at the Big Spring Correctional Institution in Big Spring, Texas. At the time he submitted the complaint, Plaintiff did not pay the required $350.00 filing fee, nor did he submit a proper application to proceed without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). Consequently, the Court issued a deficiency order requiring Plaintiff to either pay the filing fee or submit a properly completed in forma pauperis application within 30 days ­ by November 29, 2010. The order provided that if Plaintiff did not submit either the fee or the application within that time, his case would be dismissed. Plaintiff has failed to correct the deficiency within the allotted time for doing so. CASE NO. 2:10-CV-14241 HONORABLE VICTORIA A. ROBERTS

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Accordingly, the Court DISMISSES WITHOUT PREJUDICE the civil rights complaint.1 This case is closed. IT IS SO ORDERED.

S/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: December 10, 2010
The undersigned certifies that a copy of this document was served on the attorneys of record and Danilo Baro by electronic means or U.S. Mail on December 10, 2010. s/Carol A. Pinegar Deputy Clerk

The Court notes that the complaint was not signed by the named plaintiff and the proof of service was signed by another inmate named Young Yil Jo. There is thus some question as to the authenticity of the complaint and whether the named plaintiff intended to pursue this action. Young Yil Jo is a frequent filer of frivolous lawsuits, many of which have been improperly filed on behalf of other inmates. See United States Party/Case Index, http://pacer.uspci.uscourts.gov (Nov. 29, 2010); see also Hernandez v. Six Unknown Named Agents, et al., No. 1:10-CV-00372LY (W.D. Tex. June 1, 2010); In re Jo, No. 1:10-CV-390 (N.D. Ill. Jan. 20, 2010). The Court need not resolve this issue, however, as the complaint is being dismissed without prejudice and without imposition of the filing fee. 2

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