Stewart v. Williams

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 twenty-one (21) 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 six-month period preceding the filing of the complaint. IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not count as a strike under 28 U.S.C. § 1915(g). Signed by District Judge Matthew T. Schelp on 01/07/2021. (Attachments: # 1 Attachment)(KCD)

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Case: 4:21-cv-00008-MTS Doc. #: 2 Filed: 01/07/21 Page: 1 of 2 PageID #: 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION PHILLIP DEWAYNE STEWART, Plaintiff, v. OFFICER WILLIAMS, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:21 CV 8 MTS MEMORANDUM AND ORDER This matter is before the Court upon its own motion. Self-represented plaintiff Phillip Dewayne Stewart filed this civil action for money damages on January 4, 2021. However, Plaintiff neither paid the $400 court filing fee nor filed a motion to proceed in forma pauperis, along with a certified copy of his account statement. See 28 U.S.C. § 1915(a). As such, the Court will allow Plaintiff twenty-one (21) days to either pay the full filing fee or file his motion to proceed in forma pauperis and account statement. His failure to do so in a timely manner will result in a dismissal of this action, without prejudice. 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 twenty-one (21) 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 six-month period preceding the filing of the complaint. Case: 4:21-cv-00008-MTS Doc. #: 2 Filed: 01/07/21 Page: 2 of 2 PageID #: 8 IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. If the case is dismissed for non-compliance with this Order, the dismissal will not count as a “strike” under 28 U.S.C. § 1915(g). Dated this 7th day of January, 2021. MATTHEW T. SCHELP UNITED STATES DISTRICT JUDGE 2

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