Booth v. William Dickerson Facility Kitchen Supervisor et al

Filing 6

ORDER REQUIRING AUTHORIZATION TO WITHDRAW FUNDS AND A SIGNED CERTIFICATION OF INMATES TRUST ACCOUNT FROM AUTHORIZED JAIL OFFICIAL. Signed by Magistrate Judge R. Steven Whalen. (NAhm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RODGERICK BOOTH,
Plaintiff,
v.

Civil Action No. 2:18-CV-11103
HONORABLE ARTHUR J. TARNOW
UNITED STATES DISTRICT JUDGE

WILLIAM DICKERSON FACILITY
KITCHEN SUPERVISOR, et. al.,
Defendants,
/
ORDER REQUIRING AUTHORIZATION TO WITHDRAW FUNDS AND A
SIGNED CERTIFICATION OF INMATE’S TRUST ACCOUNT FROM
AUTHORIZED JAIL OFFICIAL
Before the Court is Plaintiff Rodgerick Booth’s civil rights complaint filed
under 42 U.S.C. § 1983. For the reasons stated below, plaintiff is ordered to
provide an authorization to withdraw funds from his jail account and a signed
certification of his trust account from an authorized prison or jail official within
thirty days of this Court’s Order.
Plaintiff’s application to proceed without prepayment of fees and costs is
initially deficient because he failed to file an authorization to withdraw funds. The
moment plaintiff filed his complaint, he became responsible for the filing fee, and
he waived any objection to the withdrawal of funds from his trust fund account to
pay court fees and costs. McGore v. Wrigglesworth, 114 F. 3d 601, 605 (6th Cir.
1997). Plaintiff’s application to proceed without prepayment of fees or costs is
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deficient and subject to dismissal because it lacks the requisite authorization
form. See Lindsey v. Roman, 408 Fed. Appx. 530, 533 (3rd Cir. 2010).
The Court notes that although plaintiff has submitted an application to
proceed without prepayment of fees, the application does not include a financial
certificate signed by plaintiff’s custodian or designee. An unsigned certificate, an
uncertified trust fund account statement, or one that lacks a signature, is
insufficient to satisfy the filing requirements for permitting a prisoner to proceed in
forma pauperis under § 1915(a)(2). See Hart v. Jaukins, 99 Fed. Appx. 208, 20910 (10th Cir. 2004); See also Moore v. Vantifflin, No. 2009 WL 224548, * 1 (E.D.
Mich. January 30, 2009).
28 U.S.C. § 1915(a)(2) requires a prisoner who wishes to proceed without
prepayment of fees and costs in a civil complaint in federal court to file a certified
copy of the trust fund account statement for that prisoner for the six month period
immediately preceding the filing of the complaint or notice of appeal, obtained
from the appropriate official of each prison at which the prisoner is or was
confined. See also McGore v. Wrigglesworth, 114 F. 3d at 605.
If an inmate who does not pay the full filing fee fails to provide an affidavit
of indigency or a certified trust account statement, the district court must notify
the prisoner of the deficiency and the prisoner will then have thirty days from the
date of the deficiency order to correct the error or to pay the full filing fee. McGore
v. Wrigglesworth, 114 F. 3d at 605. If the inmate fails to comply with the district
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court's directions, “[t]he district court must presume that the prisoner is not a
pauper and assess the inmate the full amount of fees.” Id. The district court must
then order that the case be dismissed for want of prosecution. Id. If the case is
dismissed under these circumstances, it is not to be reinstated to the district
court's active docket despite the subsequent payment of filing fees. Id.
Accordingly, unless plaintiff chooses to pay the filing fee of $ 350.00, plus
the $ 50.00 administrative fee in full, the Court ORDERS him to provide an
authorization to withdraw funds and a financial certificate signed by plaintiff’s
custodian or designee. If plaintiff does not provide the requested information to
the United States District Court within thirty (30) days of the date of this Order,
his complaint shall be DISMISSED.
S/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: April 24, 2017
The undersigned certifies that a copy of the foregoing order was served on the
attorneys and/or parties of record by electronic means or U.S. Mail on

s/N. Ahmed
Deputy Clerk
Dated: April 24, 2017

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