Mobley v. Jordan et al

Filing 10

ORDER DENYING APPLICATIONS TO PROCEED WITHOUT PREPAYING FEES OR COSTS (Docs. 8, 9) filed by Dale Mobley Signed by District Judge Avern Cohn. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DALE MOBLEY,
Plaintiff,
CASE NO. 17-11326
HONORABLE AVERN COHN

v.
JORDAN, et al.,
Defendants.
_________________________________/

ORDER DENYING APPLICATIONS TO PROCEED
WITHOUT PREPAYING FEES OR COSTS (Docs. 8, 9)
I.
This is a pro se civil rights case under 42 U.S.C. § 1983. When plaintiff filed the
complaint, he did not pay the required $350.00 filing fee, nor did he submit a proper
application to proceed without prepayment of the filing fee (application). As such, the
Court issued an order requiring plaintiff to either pay the filing fee or submit a properly
completed application within 30 days (by May 30, 2017). (Doc. 5). The order also
provided that if plaintiff did not do so within that time period, his case would be dismissed.
Plaintiff did not correct the deficiency. On June 19, 2017, the Court dismissed the
complaint without prejudice. (Doc. 7).
Before the Court are two applications. As will be explained, both applications are
untimely and deficient. For the reasons that follow, the applications are DENIED.
II.
On July 5, 2017, almost a month after the complaint was dismissed, plaintiff filed
an application. The application is unsigned, undated, incomplete, and does not include

the required prisoner trust fund account statement. Plaintiff did not explain the reason for
the delay in filing the application.
On October 11, 2017, plaintiff filed a second application to proceed without
prepaying the fees or costs. This application, while signed and dated, is again incomplete
and does not include the required prisoner trust fund account statement. Plaintiff now
indicates that his delay in filing is due to a prison transfer.
III.
The applications must be denied. First, the requests are late and moot given that
the Court dismissed the complaint without prejudice and closed the case in June of 2017.
Second, plaintiff still fails to correct the filing deficiency as his applications do not include
his prisoner trust fund account statement. Third, to the extent that plaintiff seeks
reconsideration and/or to reopen this case, there is no reason to do so under the
circumstances. Should plaintiff wish to pursue the allegations in his complaint, his proper
recourse is to file a new civil rights complaint, along with the filing fee and administrative
fee or a properly-completed application.
SO ORDERED.

S/Avern Cohn
Avern Cohn
UNITED STATES DISTRICT JUDGE
Dated: 10/30/2017
Detroit, Michigan

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