Harth v. Mississippi Department of Correction, et al

Filing 133

ORDER Requiring Plaintiff to Complete and Return In Forma Pauperis Application, Authorization and Certificate within 21 days from the date of this Order. Signed by Magistrate Judge Roy Percy on 6/22/22. (cb)

Case: 4:20-cv-00047-RP Doc #: 133 Filed: 06/22/22 1 of 2 PageID #: 506

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
KENNETH DWAYNE HARTH, SR.
V.

PLAINTIFF
NO. 4:20-cv-00047-RP

MISSISSIPPI DEPARTMENT OF CORRECTION, ET AL

DEFENDANT(S)

ORDER REQUIRING PLAINTIFF TO COMPLETE AND RETURN
IN FORMA PAUPERIS APPLICATION, AUTHORIZATION AND CERTIFICATE
Plaintiff is a state prisoner proceeding pro se. Plaintiff has requested leave to proceed in
forma pauperis on appeal pursuant to 28 U.S.C. § 1915 in this 42 U.S.C. § 1983 case.
The court finds that Plaintiff’s application for in forma pauperis status includes
statements of his assets, of his inability to prepay fees, and of his belief that he is entitled to
redress. Plaintiff has not, however, filed a certified copy of his prison trust account statement for
the six-month period immediately preceding the filing of the instant motion. See 28 U.S.C. §
1915. Plaintiff will be provided the opportunity to submit the certified copy in support of his
request to proceed in forma pauperis. Therefore, it is
ORDERED:
That within 21 days Plaintiff is directed to fill out the enclosed application for in forma
pauperis on appeal, complete the authorization for release and have the authorized officer
responsible for overseeing his prison account fill out the certificate of account, and mail to the
Clerk's Office.
Plaintiff is directed to acknowledge receipt of this order by signing the enclosed
acknowledgment form and returning it to the court within 14 days of this date. Plaintiff is also
warned that his failure to comply with the requirements of this order may lead to the dismissal of

Case: 4:20-cv-00047-RP Doc #: 133 Filed: 06/22/22 2 of 2 PageID #: 507

his lawsuit under Rule 41(b), Federal Rules of Civil Procedure, for failure to prosecute and for
failure to comply with an order of the court.
THIS the 22nd day of June, 2022.

/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE