Shaw v. Oakland County Jail
OPINION AND ORDER of Dismissal. Signed by District Judge Matthew F. Leitman. (HMon)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
KEONTAE LAMAR SHAW, #869514,
Case No. 16-cv-11398
Hon. Matthew F. Leitman
OAKLAND COUNTY JAIL,
OPINION AND ORDER OF DISMISSAL
The Court has before it Plaintiff Keontae Lamar Shaw’s pro se civil rights
complaint brought pursuant to 42 U.S.C. § 1983. Plaintiff, a state prisoner confined
at the Saginaw Correctional Facility in Freeland, Michigan, sues the Oakland County
Jail alleging that he contacted a staph infection from another prisoner while confined
at that facility. He asserts a violation of his Eighth Amendment rights and sues the
Oakland County Jail in its official capacity for monetary damages. At the time he
filed his complaint, Plaintiff did not pay the filing fee nor submit a proper application
to proceed without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(2).
Consequently, the Court issued a deficiency order requiring Plaintiff to either pay the
filing fee or submit a properly completed application to proceed without prepayment
of the filing fee, consisting of an Application to Proceed without Prepayment of Fees
and Costs and Authorization to Withdraw from the Trust Fund Account, a current
Certification/Business Manager’s Account Statement, and a Statement of Trust Fund
Account (or institutional equivalent) for the six-month period immediately preceding
the filing of the complaint, within 30 days – by May 23, 2016. The order provided
that if Plaintiff did not do so, his case would be dismissed.
Plaintiff has failed to correct the filing fee/application deficiency within the
allotted time for doing so. Accordingly, the Court DISMISSES WITHOUT
PREJUDICE his civil rights complaint. This case is closed.
IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 14, 2016
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on June 14, 2016, by electronic means and/or ordinary mail.
s/Holly A. Monda
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