Kuplen v. US Department of Justice et al
Filing
54
ORDER denying 53 Motion Request to Pay Off Balance. Signed by District Judge Frank D. Whitney on 5/17/21. (Pro se litigant served by US Mail.)(clc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:13-cv-00343-FDW
JOHN EDWARD KUPLEN,
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)
Plaintiff,
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)
vs.
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)
U.S. DEPARTMENT OF
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JUSTICE, et al.,
)
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Defendants. )
______________________________)
ORDER
THIS MATTER is before the Court on Plaintiff’s letter [Doc. 53], which the Court
construes as a motion for miscellaneous relief.
Pro se Plaintiff John Edward Kuplen (“Plaintiff”) is a prisoner in the custody of the North
Carolina Department of Public Safety (NCDPS) at the Albemarle Correctional Institution in Badin,
North Carolina. Plaintiff filed this action pursuant to 42 U.S.C. § 1983 [Doc. 1] and filed an
Application to proceed without prepaying the filing fee [Doc. 2].
The Court granted the
Application and entered an Order establishing a debt in the amount of the $350 filing fee and
directing the correctional facility to transmit monthly payments until the fee is paid in full. [Doc.
6]. On March 9, 2015, Plaintiff’s Complaint was dismissed for failure to state a claim upon which
relief may be granted. [Doc. 43].
On May 3, 2021, Plaintiff filed the instant letter directed to the Clerk’s Office in which he
states that he will be receiving a stimulus check and that he would like to use it to pay the remaining
balance of the filing fee. [Doc. 53]. Plaintiff attaches to his letter a recent trust account statement
reflecting a remaining balance of $286.79. [Id. at 2]. Plaintiff requests that his letter be deemed a
motion if necessary. [Id. at 1].
The Court is without authority to direct the use of Plaintiff’s stimulus check. When
Plaintiff receives his stimulus check, Plaintiff himself or by and through an authorized
representative may use the proceeds to pay his remaining filing fee balance in full. The Court will,
therefore, deny Plaintiff’s motion.
IT IS, THEREFORE, ORDERED that Plaintiff’s motion [Doc. 53] is DENIED in
accordance with the terms of this Order.
Signed: May 17, 2021
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