Sumpter v. Bowersox
Filing
6
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that petitioners motion for leave to proceed in forma pauperis [ECF No. 2 ] is DENIED with prejudice. IT IS FURTHER ORDERED that petitioner must pay the $5.00 filing fee within fourteen (14) days of the date of this Order. Petitioner is instructed to make his remittance payable to Clerk, United States District Court, and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is f or an original proceeding. IT IS FURTHER ORDERED that if petitioner does not timely pay the filing fee, the Court will dismiss this action without prejudice. No extensions will be provided. Signed by District Judge Audrey G. Fleissig on 06/17/2016. (KCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DARIUS L. SUMPTER,
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Petitioner,
v.
MICHAEL BOWERSOX,
Respondent,
No. 4:16-CV-737 NCC
MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion for leave to proceed in forma
pauperis. The motion is denied.
Petitioner has filed a certified copy of his prison trust account statement. The statement
reflects that in the six-month period preceding the filing of the petition, a total of $1,158.36 was
deposited to his account. As of the date he mailed his petition to the Court, he had a balance of
no less than $143.34. Petitioner can afford to pay the $5.00 filing fee.
Petitioner stated in his motion that he had no sources of income outside of the $8.50
payroll tip. He further stated that he had no funds in his trust account. The statements were
dishonest. Petitioner signed the motion under penalty of perjury. Specifically, petitioner signed
under the following statement:
I DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE
INFORMATION IS TRUE AND CORRECT. I UNDERSTAND THAT
PROVIDING FALSE INFORMATION MAY SUBJECT ME TO CRIMINAL
PROSECUTION[,] IMPOSITION OF A FINE OR OTHER SANCTIONS THAT
MAY ADVERSELY AFFECT MY ABILITY TO PURSUE THIS CASE OR
OTHER CASES. I HAVE REVIEWED MY ANSWERS TO INSURE THEIR
ACCURACY.
Petitioner is warned that any further untruthful statements in this case will result in
sanctions, up to and including the dismissal of this action with prejudice.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in forma
pauperis [ECF No. 2] is DENIED with prejudice.
IT IS FURTHER ORDERED that petitioner must pay the $5.00 filing fee within
fourteen (14) days of the date of this Order. Petitioner is instructed to make his remittance
payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his
prison registration number; (3) the case number; and (4) that the remittance is for an original
proceeding.
IT IS FURTHER ORDERED that if petitioner does not timely pay the filing fee, the
Court will dismiss this action without prejudice. No extensions will be provided.
Dated this 17th day of June, 2016.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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