Sanders v. Bell et al

Filing 16

ORDER to submit new IFP Application or remit the remaining balance of filing fee within 20 days. Signed by Chief Judge Robert J. Conrad, Jr on 3/27/2012. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:10-cv-563-RJC
TYRUS TERRILL SANDERS,
Plaintiff,
v.
R. LOCKE BELL, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on its own motion to address the status of this case.
Plaintiff filed his Complaint on November 8, 2010, (Doc. No. 1), and at that time he was in the
custody of the North Carolina Department of Corrections and housed in the Craggy Correctional
Center. (Doc. No. 1 at 2). On November 16, 2010, the Clerk of Court entered an order in
accordance with 28 U.S.C. § 1915(b)(2) which required the correctional facility housing Plaintiff
to pay an initial partial filing fee of $5 from Plaintiff’s prison trust account towards the $350
civil filing fee for Plaintiff’s case. Thereafter, the correctional facility was to deduct 20% of the
preceding month’s income from Plaintiff’s trust account each time the amount contained in the
account exceeded $10.00 until the $350 filing fee was paid in full. (Doc. No. 3 at 2). On March
16, 2012, the clerk docketed a Notice of Change of Address wherein Plaintiff informed the Court
that he is no longer incarcerated. (Doc. No. 15).
Federal law provides that an individual is responsible for the full filing fee of $350 unless
he has been allowed to proceed in forma pauperis (“IFP”). Plaintiff attached an application to
proceed IFP to his complaint. (Doc. No. 1-1). The Clerk of Court directed Plaintiff’s
correctional facility to produce a copy of his trust account statement. (Doc. No. 3).

Now Plaintiff indicates that he has been released from the custody of the North Carolina
Department of Corrections. (Doc. No. 15). Plaintiff inquires why no summonses have been
issued in his case. (Doc. No. 15-1). Plaintiff is reminded that he is responsible to pay the full
filing fee of $350 before summonses will issue unless he is granted permission to proceed
without payment of fees and costs through a renewed application for IFP.
IT IS, THEREFORE, ORDERED that, within twenty (20) days from entry of this
Order, Plaintiff shall either 1) submit a new application for IFP reflecting his current economic
situation or 2) remit the remaining balance of the filing fee to the Court, or this case will be
DISMISSED for failure to pay fees and failure to prosecute.

Signed: March 27, 2012

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