Emily v. Stoneberger

Filing 12

ORDER AND MEMORANDUM - IT IS HEREBY ORDERED that the Clerk of Court shall provide plaintiff with the court forms entitled "Motion to Proceed without Prepayment of Costs and Financial Affidavit - CJA 23." IT IS FURTHER ORDERED that plaintif f shall have twenty (20) days from the date of this Order to pay the statutory filing fee of $350.00, or to submit a fully completed and signed "Motion to Proceed without Prepayment of Costs" and Financial Affidavit - CJA 23." IT IS FURTHER ORDERED that if, within twenty (20) days from the date of this 1If plaintiff pays the filing fee, he will be responsible for serving the summons and complaint upon the defendants. See Fed. R. Civ. P. 4(d). Service must be made within 120 d ays of the filing of the complaint (in the instant case, within 120 days of the payment of the filing fee). See Fed. R. Civ. P. 4(m). Order, plaintiff fails to pay the filing fee or fails to submit a fully completed and signed "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit - CJA 23," the case shall be dismissed, without prejudice. IT IS FURTHER ORDERED that if plaintiff timely submits a "Motion to Proceed without Prepayment of Costs" and Financial Affidavit - CJA 23, the Clerk shall cause this case to be resubmitted to the Court for review under 28 U.S.C. § 1915. (cc: forms mailed to plaintiff) Signed by Honorable Rodney W. Sippel on 3/30/10. (LAH, )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

CURTIS D. EMILY, Plaintiff, v. VICKIE STONEBERGER, Defendant.

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Case No. 4:10-CV-0255 RWS

ORDER AND MEMORANDUM This matter is before the Court on plaintiff's motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 [Doc. #2]. Plaintiff filed the instant motion while he was a prisoner confined at the Missouri Eastern Correctional Center. Plaintiff subsequently advised the Clerk of Court that he was no longer in custody, and that he was residing in Troy, Missouri. Under these circumstances, the Court will grant plaintiff twenty days in which to submit a "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit - CJA 23," as set forth below. In accordance with the foregoing, IT IS HEREBY ORDERED that the Clerk of Court shall provide plaintiff with the court forms entitled "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit CJA 23." IT IS FURTHER ORDERED that plaintiff shall have twenty (20) days from the date of this Order to pay the statutory filing fee of $350.00, or to submit a fully completed and signed "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit - CJA 23." IT IS FURTHER ORDERED that if, within twenty (20) days from the date of this

Order, plaintiff fails to pay the filing fee or fails to submit a fully completed and signed "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit - CJA 23," the case shall be dismissed, without prejudice. IT IS FURTHER ORDERED that if plaintiff timely submits a "Motion to Proceed without Prepayment of Costs" and "Financial Affidavit - CJA 23," the Clerk shall cause this case to be resubmitted to the Court for review under 28 U.S.C. § 1915.1 Dated this 30th day of March, 2010.

_________________________________ UNITED STATES DISTRICT JUDGE

If plaintiff pays the filing fee, he will be responsible for serving the summons and complaint upon the defendants. See Fed. R. Civ. P. 4(d). Service must be made within 120 days of the filing of the complaint (in the instant case, within 120 days of the payment of the filing fee). See Fed. R. Civ. P. 4(m).
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