Harris v. Hogan et al

Filing 12

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk of Court shall provide plaintiff with the court form entitled Financial Affidavit - CJA 23.IT IS FURTHER ORDERED that plaintiff shall have twenty (20) days from the date of this Order to pay th e statutory filing fee of $350.00 or to submit a fully completed and signed 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 submi t a fully completed and signed Financial Affidavit - CJA 23, the case shall be dismissed, without prejudice. IT IS FURTHER ORDERED that, if plaintiff timely submits a 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 Response to Court due by 3/18/2012. Signed by Honorable Jean C. Hamilton on 2/27/12. cc: cja form mailed to petitioner.(CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ALVIN LAMAY HARRIS,

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Plaintiff,

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v.
ELIZABETH HOGAN, et al.,

Case No.4:11-CV-1815-JCH

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Defendants.

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MEMORANDUM AND ORDER
This matter is before the Court upon review of plaintiff’s motion for leave to proceed in forma
pauperis and notification of a change of address [Doc. #11].
Plaintiff filed the instant action on October 17, 2011, when he was incarcerated at the St.
Louis City Justice Center (“SLJC”). Plaintiff’s new address, however, indicates that he has been
released from prison [Doc. #11]. Given that plaintiff is no longer incarcerated, the Court will grant
him twenty (20) days in which to submit a “Financial Affidavit - CJA 23” or to pay the filing fee, as
set forth below.
In accordance with the foregoing,
IT IS HEREBY ORDERED that the Clerk of Court shall provide plaintiff with the court
form entitled “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 “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 “Financial Affidavit CJA 23,” the case shall be dismissed, without prejudice.
IT IS FURTHER ORDERED that, if plaintiff timely submits a “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 27th day of February, 2012.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

1

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). Plaintiff is advised that he may seek guidance on serving the defendants
from the Office of the Clerk.
2