Taylor v. Oakes

Filing 3

ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Whitley Cortez Taylor. The documentation the plaintiff has submitted is inadequate to permit the Court to evaluate the request to proceed in forma pauperis. The Plaintiff may have un til 4/27/09 to submit a supplementary application which includes a completed prison certification section. The Clerk of the Court is directed to send a new form application to proceed as a poor person. Plaintiff has until 4/27/09 to either furnish th e Court with a completed and signed prison certification or pay the filing fee of $350.00. If the plaintiff fails to comply with this order the action will be dismissed without further notice and the Clerk is directed to close the case. Signed by Hon. Michael A. Telesca on 3/10/09. (RE)

-PS-

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK WHITLEY CORTEZ TAYLOR, 08-B-2925, Plaintiff, -vDR. BEN OAKES, Defendant. 09-CV-6067P ORDER

Plaintiff has submitted a complaint to the Court and seeks permission to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. In order for the Court to grant this request, it needs

sufficient information on which to base its determination. Here, the documentation plaintiff has submitted is inadequate to permit the Court to evaluate the request. Specifically,

plaintiff has not provided certification of his prison account. Because the Court cannot grant the request on the basis of the information included in the application, plaintiff may have until April 27, 2009 to submit a new application which includes all the necessary information, including the additional information

described above. The Clerk of the Court is directed to send plaintiff a new form application to proceed as a poor person. By April 27, 2009, plaintiff must either submit a newlycompleted described application additional form which includes needed all for of the aboveCourt's

information

the

determination of the request or pay the full filing fee of $[5, 30, or 350 (fee)].00. Plaintiff is forewarned that failure to comply

with this order by either submitting a new and complete application or paying the filing fee by the designated date will result in the dismissal of this case without prejudice. If plaintiff has not complied with this order by March 27, 2009, the Clerk of the Court is directed to close this case as dismissed without prejudice without further order. SO ORDERED. S/ Michael A. Telesca _____________________________________ MICHAEL A. TELESCA United States District Judge Dated: March 10, 2009 Rochester, New York

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