Trust v. Higginbotham et al

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall have thirty (30) days from the date of this Order to pay the statutory filing fee of $350.00, or to submit a fully completed CJA Form 23 (financial affidavit). IT IS FURTH ER ORDERED that if plaintiff fails to pay the filing fee or to submit a fully-completed CJA Form 23 within thirty days, the case shall be dismissed, without prejudice. Response to Court due by 8/20/2012. Signed by District Judge Audrey G. Fleissig on 7/20/2012. (KSM)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION STEVEN M. TRUST, Plaintiff, v. CRAIG HIGGINBOTHAM, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:12-CV-965-AGF MEMORANDUM AND ORDER This matter is before the Court upon review of plaintiff’s motion for leave to commence this action without payment of the required filing fee [Doc. #2]. See 28 U.S.C. § 1915(a). Plaintiff has submitted a partially-completed financial affidavit CJA Form 23 in support of his application for in forma pauperis status. Plaintiff has failed to state (1) if he has any cash on hand or money in a savings or checking account, and if so, the total amount thereof; and (2) his debts and monthly bills. As such, the Court is unable to determine, at this time, if he is financially unable to pay any portion of the filing fee. See 28 U.S.C. § 1915(a), Local Rule 2.05(A). In accordance with the foregoing, IT IS HEREBY ORDERED that plaintiff shall have thirty (30) days from the date of this Order to pay the statutory filing fee of $350.00, or to submit a fully completed CJA Form 23 (financial affidavit). IT IS FURTHER ORDERED that if plaintiff fails to pay the filing fee or to submit a fully-completed CJA Form 23 within thirty days, the case shall be dismissed, without prejudice. Dated this 20th day of July, 2012. _________________________________ UNITED STATES DISTRICT JUDGE -2-

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