Smotherman v. Missouri Department of Corrections et al

Filing 2

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for th e six- month period preceding the filing of the complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for noncompliance with this Order, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g). (Order and forms mailed) Response to Court due by 8/26/2017.. Signed by District Judge John A. Ross on 7/26/17. (KKS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION SANCHEZ SMOTHERMAN, Plaintiff, v. MISSOURI DEPT. OF CORR., et al., Defendants., ) ) ) ) ) ) ) ) ) No. 4:17-CV-1982 JAR MEMORANDUM AND ORDER This matter is before the Court upon review of plaintiffs civil rights action. Plaintiff has failed to either pay the filing fee or file a motion to proceed in forma pauperis, along with a prison account statement. See 28 U.S.C. § 1915(a). Plaintiff will be required to do so before review of this action according to § 1915. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to mail to plaintiff a copy of the motion to proceed in forma pauperis form for prisoners. IT IS FURTHER ORDERED that plaintiff must either pay the $400 filing fee or submit a motion to proceed in forma pauperis within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if plaintiff files a motion to proceed in forma pauperis, he must also file a certified copy of his prison account statement for the sixmonth period preceding the filing of the complaint. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for noncompliance with this Order, the dismissal will not count as a "strike" under 28 U.S.C. § 1915(g). Dated this 26th day of July, 2017. 2

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