Mann v. Schlottman et al

Filing 10

OPINION and ORDER Dismissing Plaintiff's Complaint Without Prejudice re 1 Complaint Signed by District Judge Matthew F. Leitman. (KJac)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JACK MANN,
Plaintiff,

Case No. 15-cv-12869
Hon. Matthew F. Leitman

v.
SCHLOTTMAN et al.,
Defendants.
_________________________________/
OPINION AND ORDER DISMISSING PLAINTIFF’S COMPLAINT
(ECF #1) WITHOUT PREJUDICE
Plaintiff Jack Mann (“Mann”) is an inmate currently confined at the
Allenwood Federal Correctional Institution in White Deer, Pennsylvania. Mann
filed his Complaint in this case on August 14, 2015 and paid neither the $350.00
filing fee nor the additional administrative fee of $50.00. (See ECF #3 at 1, Pg. ID
30.) On August 18, 2015, the assigned Magistrate Judge signed an Order of
Deficiency (id.), which required Mann to provide the Court with (1) an application
to proceed without prepayment of fees and costs and authorization to withdraw
funds from his prison trust fund account, (2) a signed certification of his prison
trust account from an authorized prison official, and (3) a current printout of his
prison trust fund account’s transaction history for the past six months by

September 17, 2015. (See ECF #3.) Mann also had the option to pay the filing and
administrative fees. (See id.)
On September 14, 2015, Mann filed an Application to Proceed in District
Court Without Prepaying Fees or Costs and attached a printout of his prison trust
fund account’s transaction history (the “Application”). (See ECF #5.) However,
Mann did not include a written authorization to withdraw funds from his prison
trust fund nor did he include a signed certification from an authorized prison
official regarding the fund. (See ECF #7 at 2, Pg. ID 45.) On September 15, 2015,
this Court granted Mann an extension to cure these deficiencies and provide the
missing documents by October 15, 2015 (the “September 15 Order”). (See id. at 3,
Pg. ID 46.)
On October 14, 2015, Mann filed a response with the Court by attaching
another printout of his prison trust fund account’s transaction history and a copy of
the September 15 Order. (See ECF #9.) But, again, Mann failed to include both
an authorization to withdraw funds from his prison trust fund account and a signed
certification of his prison trust fund account from an authorized prison official.
(See ECF #9.) Without a certified trust fund account statement, Mann cannot
satisfy the filing requirements to proceed in forma pauperis under 28 U.S.C. §
1915(a)(2) and – again – has failed to cure the deficiency with his filing. See Hart

v. Jaukins, 99 Fed. App’x 208, 209-10 (10th Cir. 2004); Patterson v. Mackie, 2014
WL 1478473, at *2 (E.D. Mich. Apr. 15, 2014).
Accordingly, IT IS HEREBY ORDERED that Mann’s Complaint (ECF
#1) is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE

Dated: October 27, 2015

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on October 27, 2015, by electronic means and/or ordinary
mail.
s/Keisha Jackson
Case Manager
[phone]