Demos v. Trump

Filing 6

MEMORANDUM AND ORDER The Clerk of Court is directed to issue a second letter to the Stafford Creek Correctional Center requesting Plaintiff's trust account statement be submitted to this Court. If a response to the Court's second letter t o the Stafford Creek Correctional Center is not received by November 22, 2024, Plaintiff shall have until December 23, 2024, to submit his certified trust account statement to this Court or move for a continuance of that deadline, or this mat ter will be subject to dismissal without further notice. The Clerk of Court shall set a pro se case management deadline using the following text: December 23, 2024: deadline to receive trust account statement or motion to continue deadline. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (LRM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN ROBERT DEMOS,
Plaintiff,

8:24CV11

vs.
MEMORANDUM AND ORDER
DONALD JOHN TRUMP, Former U.S.
President;
Defendant.
This matter is before this Court on its own motion. On January 11, 2024, Plaintiff
John Robert Demos (“Plaintiff”), a prisoner at the Stafford Creek Correctional Center
(“SCCC”) in Aberdeen, Washington, filed a complaint, Filing No. 1, and a motion to
proceed in forma pauperis (the “IFP Motion”), Filing No. 2. Because the IFP Motion did
not include a trust account statement, on January 29, 2024, the Clerk’s Office sent a letter
to SCCC requesting a certified copy of Plaintiff’s institutional trust account for the past six
months or for such lesser period as the Plaintiff has been incarcerated so this Court may
address Plaintiff’s IFP Motion, stating that “[f]ailure to respond [to the letter] will be looked
upon as a refusal under NECivR 3.3(b).” Filing No. 5 at 1. To date, no response to this
Court’s January 29 letter to the SCCC has been received and Plaintiff’s trust account
statement has not been provided to this Court.
While the Court has requested a trust account statement from the SCCC, pursuant
to the Prison Litigation Reform Act of 1995 (the “PLRA”), 28 U.S.C. § 1915(a)–(h), it is a
prisoner’s duty to provide the Court with a certified copy of their institutional trust account
statement in support of a motion to proceed in forma pauperis.

See 28 U.S.C. §

1915(a)(2) (emphasis added) (a prisoner seeking to bring a civil action without

prepayment of fees or security must submit an application and affidavit to proceed without
prepayment of fees and a certified copy of their trust fund account statement (or
institutional equivalent) for the six-month period immediately prior to the filing of the
complaint obtained from the appropriate official of the prison at which the prisoner is or
was confined). As such, while the Court has requested the certified trust account
statement from the SCCC, it is Plaintiff’s duty to obtain it and provide it to the Court under
the statute.
While this Court finds that the issuance of a second letter to SCCC is appropriate
at this time, if the Court does not receive a response from the SCCC to its second letter
(to be sent concurrently with the issuance of this order) by November 22, 2024, Plaintiff
is on notice that he must obtain and submit his trust account statement to this Court by
December 23, 2024, or this matter will be subject to dismissal without further notice unless
Plaintiff seeks a continuance of the December 23 deadline prior to its expiration. The
Court notes, however, that Plaintiff need not wait until the November 22, deadline for the
SCCC to respond and may supply a certified copy of his trust account statement to
expedite the case’s progression at any time.
IT IS THEREFORE ORDERED that:
1.

The Clerk of Court is directed to issue a second letter to the Stafford Creek

Correctional Center requesting Plaintiff’s trust account statement be submitted to this
Court.
2.

If a response to the Court’s second letter to the Stafford Creek Correctional

Center is not received by November 22, 2024, Plaintiff shall have until December 23,
2024, to submit his certified trust account statement to this Court or move for a

2

continuance of that deadline, or this matter will be subject to dismissal without further
notice.
3.

The Clerk of Court shall set a pro se case management deadline using the

following text: December 23, 2024: deadline to receive trust account statement or motion
to continue deadline.
Dated this 23rd day of October, 2024.
BY THE COURT:

Joseph F. Bataillon
Senior United States District Court

3