Jordan v. Scott County et al

Filing 3

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is HELD IN ABEYANCE. IT IS FURTHER ORDERED that plaintiff shall file a certified copy of his inmate trust fund account statement for the six month period immediately preceding the filing of his complaint on September 10, 2007. IT IS FURTHER ORDERED that if applicant fails to submit a certified copy of his inmate trust fund account statement within thirty (30) days, the Court w ill dismiss this action without prejudice. See Rule 41(b) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that if plaintiff submits his inmate trust fund account statement within thirty days, the Clerk shall resubmit this action for review under 28 U.S.C. 1915.Response to Court due by 10/15/2007. Signed by Judge Lewis M. Blanton on 9/17/07. (MRS, )

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Jordan v. Scott County et al Doc. 3 Case 1:07-cv-00134-LMB Document 3 Filed 09/17/2007 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION DARRYL GREGORY JORDAN, Plaintiff, vs. SCOTT COUNTY, et al., Defendants. ) ) ) ) ) ) ) ) ORDER This matter is before the Court upon Darryl G. Jordan's motion for leave to commence this action without payment of the required filing fee. See 28 U.S.C. 1915(a). Although plaintiff has filed a motion for leave to proceed in forma pauperis, he has not submitted a properly certified copy of his prisoner account statement. Pursuant to 28 U.S.C. 1915(a)(2), "[a] prisoner seeking to bring a civil action . . . without payment of fees . . . shall submit a certified copy of the trust fund account statement . . . obtained from the appropriate prison official." Because the plaintiff is within the custody of the Missouri Department of Corrections, he is a prisoner within the meaning of the Act. See 28 U.S.C. 1915(h). Therefore, the Court will order plaintiff to submit a properly certified copy of his inmate trust fund account statement in order to be granted leave to proceed without payment of the filing fee. Case No. 1:07-CV-134 LMB Dockets.Justia.com Case 1:07-cv-00134-LMB Document 3 Filed 09/17/2007 Page 2 of 2 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is HELD IN ABEYANCE. IT IS FURTHER ORDERED that plaintiff shall file a certified copy of his inmate trust fund account statement for the six month period immediately preceding the filing of his complaint on September 10, 2007. IT IS FURTHER ORDERED that if applicant fails to submit a certified copy of his inmate trust fund account statement within thirty (30) days, the Court will dismiss this action without prejudice. See Rule 41(b) of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that if plaintiff submits his inmate trust fund account statement within thirty days, the Clerk shall resubmit this action for review under 28 U.S.C. 1915. Dated this 17th day of September, 2007. ____________________________________ UNITED STATES MAGISTRATE JUDGE 2

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