McLane v. Fisk

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that should plaintiff wish to dismiss this case without prejudice, plaintiff shall have thirty (30) days from the date of this Memorandum and Order to resubmit a motion for voluntary dismissal, without prej udice, on a sheet bearing his original signature. IT IS FURTHER ORDERED that if plaintiff wishes to pursue this action, plaintiff shall have thirty (30) days from the date of this Memorandum and Order to either pay the $350 filing fee or submit an amended motion to proceed in formapauperis and a financial affidavit, both bearing his original signature. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff with a form motion to proceed in forma pauperis and a CJA Form 23 financial affidavit. Response to Court due by 2/10/2013. Signed by District Judge Henry E. Autrey on 1/11/13. (copy of forms mailed to Plaintiff with a copy of this order)(TRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMIE ESTES MCLANE,
Plaintiff,
v.
JAY FISK,
Defendant.

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No. 4:12CV2012 HEA

MEMORANDUM AND ORDER
This matter is before the Court upon review of the record.
The Court notes that on October 29, 2012, plaintiff filed a pro se complaint
against defendant Fisk, as well as an unsigned motion to proceed in forma
pauperis and financial affidavt. However, on November 8, 2012, plaintiff sent an
unsigned letter to the Court seeking dismissal of his case, without prejudice. The
Court Clerk notified plaintiff on November 13, 2012, that he would need to
resubmit his document in motion form with an original signature, but plaintiff has
so far failed to do so.
Plaintiff shall be given an additional thirty (30) days from the date of this
Memorandum and Order to submit a motion for voluntary dismissal, without
prejudice, bearing his original signature, should he still wish to do so.

If plaintiff wishes to proceed with this action, he must file either pay the
$350 filing fee or file an amended motion to proceed in forma pauperis, along with
a new financial affidavit, both bearing an original signature.
Accordingly,
IT IS HEREBY ORDERED that should plaintiff wish to dismiss this case
without prejudice, plaintiff shall have thirty (30) days from the date of this
Memorandum and Order to resubmit a motion for voluntary dismissal, without
prejudice, on a sheet bearing his original signature.
IT IS FURTHER ORDERED that if plaintiff wishes to pursue this action,
plaintiff shall have thirty (30) days from the date of this Memorandum and Order
to either pay the $350 filing fee or submit an amended motion to proceed in forma
pauperis and a financial affidavit, both bearing his original signature.
IT IS FURTHER ORDERED that the Clerk of Court shall provide
plaintiff with a form motion to proceed in forma pauperis and a CJA Form 23
financial affidavit.
Dated this 11th day of January, 2013.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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