Engel v. Governor of Missouri et al

Filing 2

OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to proceed in forma pauperis within twenty-one (21) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-month period preceding the filing of the complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not count as a strike under 28 U.S.C. 1915(g). Response to Court due by 11/5/2020. Signed by District Judge Henry Edward Autrey on 10/15/20. (CMH)

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Case: 1:20-cv-00217-HEA Doc. #: 2 Filed: 10/15/20 Page: 1 of 2 PageID #: 22 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION JOSEPH MICHAEL DEVON ENGEL, Plaintiff, v. GOVERNOR OF MISSOURI, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:20-CV-217 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court upon review of plaintiff’s pro se complaint. Plaintiff has failed to either pay the $400 filing fee or file a motion to proceed in forma pauperis, along with a certified copy of his account statement. See 28 U.S.C. § 1915(a). The Court will allow plaintiff twenty-one (21) days to either pay the full filing fee or file his motion to proceed in forma pauperis and account statement. His failure to do so in a timely manner will result in a dismissal of this action, without prejudice. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to proceed in forma pauperis within twenty-one (21) days of the date of this Order. Case: 1:20-cv-00217-HEA Doc. #: 2 Filed: 10/15/20 Page: 2 of 2 PageID #: 23 IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the six-month period preceding the filing of the complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non- compliance with this Order, the dismissal will not count as a “strike” under 28 U.S.C. § 1915(g). Dated this 15th day of October, 2020. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2

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