Walker v. Missouri Department of Corrections, Missouri Parole Board

Filing 5

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk of Court is directed to mail to Plaintiff a blank Application to Proceed in District Court without Prepaying Fees or Costs form. IT IS FURTHER ORDERED that Plaintiff must either pay the $405 filing fee or submit an application to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if Plaintiff files an application 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 FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice Response to Court due by 4/26/2024.. Signed by Magistrate Judge Shirley Padmore Mensah on 3/27/24. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DEMUN D. WALKER,
Plaintiff,
v.
MISSOURI DEPARTMENT OF
CORRECTIONS, MISSOURI PAROLE
BOARD,
Defendant.

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No. 1:24-cv-56-SPM

MEMORANDUM AND ORDER
This case was recently transferred to this Court from the United States District Court for
the Western District of Missouri. ECF Nos. 3-4. Because Plaintiff’s motion to proceed in forma
pauperis does not comply with the Local Rules of this Court, he will be directed to either file a
new motion on a Court-provided form or pay the full filing fee.
At the time of case initiation, self-represented Plaintiff DeMun Walker filed an “Affidavit
in Support of Request to Proceed In Forma Pauperis – Prisoner Cases.” ECF No. 2. When asked
in that Affidavit to describe the source and amount of money Plaintiff received in the past twelve
(12) months, he answered only: “State Tip.” Id. at 2. Also, Plaintiff did not file a prison inmate
account statement with his motion to proceed in forma pauperis.
Under the Local Rules of this Court: “An application to proceed in forma pauperis shall be
accompanied by a statement of the applicant’s financial information set forth on a form provided
by the Court. The Court may require the submission of additional information in a particular case.”
E.D. Mo. L.R. 2.05(A). Additionally, under the Local Rules, the Clerk can return any complaint
submitted for filing in forma pauperis which is not accompanied by an affidavit as required by 28

U.S.C. § 1915(a). E.D. Mo. L.R. 2.05(C).
The Court may authorize the commencement or prosecution of a civil action without
prepayment of fees if a plaintiff demonstrates he or she “is unable to pay such fees or give security
therefor.” 28 U.S.C. § 1915(a)(1). In forma pauperis status is a matter of privilege, not of right.
Williams v. McKenzie, 834 F.2d 152, 154 (8th Cir. 1987). To enjoy the statute’s benefits, a litigant
need not show that he is “absolutely destitute,” but he must demonstrate that, because of his
poverty, he cannot pay for the litigation costs and still be able to provide for the necessities of life.
Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948); see also Lee v. McDonald’s
Corp., 231 F.3d 456, 459 (8th Cir. 2000).
In this case, the Court cannot assess whether Plaintiff should be granted in forma pauperis
status because he has not provided the Court with complete answers to the form questions. Without
knowing the amount of income Plaintiff makes from “State Tip” and/or having a prison inmate
account statement that shows income deposits, the Court cannot determine whether Plaintiff’s
motion to proceed in forma pauperis should be granted and what initial partial filing fee should be
accessed. See 28 U.S.C. § 1915(b)(1). Plaintiff must either provide the required financial
information on a complete ‘Application to Proceed in District Court without Prepaying Fees or
Costs,’ or pay the full filing fee in order for this case to proceed.
Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court is directed to mail to Plaintiff a blank
‘Application to Proceed in District Court without Prepaying Fees or Costs’ form.
IT IS FURTHER ORDERED that Plaintiff must either pay the $405 filing fee or
submit an application to proceed in forma pauperis within thirty (30) days of the date of this
Order.

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IT IS FURTHER ORDERED that if Plaintiff files an application 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 FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court
will dismiss this action without prejudice.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 27th day of March, 2024.

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