Martin v. Michigan, State of et al

Filing 7

OPINION and ORDER of dismissal without prejudice. Case closed. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DANIEL MARTIN,
Plaintiff,
CASE NO. 2:16-CV-14080
HONORABLE NANCY G. EDMUNDS

v.
STATE OF MICHIGAN, et al.,
Defendants.
_________________________________/

OPINION AND ORDER OF DISMISSAL
The Court has before it Plaintiff Daniel Martin’s amended pro se civil rights complaint
brought pursuant to 42 U.S.C. § 1983. Plaintiff sues the State of Michigan, Governor Rick
Snyder, the Center for Forensic Psychiatry, and Director Dick (or Nick) Lyon concerning
his medical and mental health care while confined at the Forensic Center. He seeks
compensatory and punitive 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 January 3, 2017. 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. In fact, the Court’s records reveal that the deficiency order, as well as
a notice regarding the parties’ responsibility to notify the Court of address changes, were
returned to the Court as undeliverable. Plaintiff has not submitted any additional pleadings
or address information. The Court cannot proceed on this case without being able to
contact Plaintiff. Accordingly, the Court DISMISSES WITHOUT PREJUDICE the civil rights
complaint. This case is closed.
IT IS SO ORDERED.

s/ Nancy G. Edmunds
NANCY G. EDMUNDS
UNITED STATES DISTRICT JUDGE
Dated: January 20, 2017
CERTIFICATION
I hereby certify that a copy of this order was served upon counsel and/or parties
of record on this 20th day of January, 2017 by regular mail and/or CM/ECF.
s/ Carol J. Bethel
CaseManager
Date: 1/20/17

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