Kelly v. Solomon et al

Filing 2

ORDER Plaintiff shall have ten days from service of this Order in which to either pay the $400 filing fee or file an application to proceed in forma pauperis.. Signed by Chief Judge Frank D. Whitney on 9/20/17. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:17-cv-311-FDW
WILLIE T. KELLY, JR.,

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Plaintiff,
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vs.
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GEORGE T. SOLOMON, ET AL.,
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Defendants.
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____________________________________ )

ORDER

THIS MATTER is before the Court on periodic status review.
Plaintiff filed his complaint pursuant to 42 U.S.C. § 1983 on June 1, 2017. He is a North
Carolina inmate proceeding pro se, complaining about incidents which allegedly occurred at the
Lanesboro Correctional Institution in Polkton, North Carolina. (Doc. No. 1). He filed the complaint
without paying the $400 filing fee or filing a motion to proceed in forma pauperis. On June 6,
2017, the Clerk of Court issued a Notice of Deficiency noting that the filing fee or an application
to proceed in forma pauperis had not been filed, and making such due by June 27, 2017. Plaintiff
has not filed a motion to proceed in forma pauperis or paid the filing fee to date. Petitioner must
either pay the $400 filing fee or file an application to proceed in forma pauperis within ten days
of the date of this Order or this action will be dismissed without prejudice. See generally Fed. R.
Civ. P. 41(b); 28 U.S.C. § 1915.
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff shall have ten days from service of this Order in which to either pay the
$400 filing fee or file an application to proceed in forma pauperis.
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2.

The Clerk is directed to mail a copy of this Order and an application to proceed in
forma pauperis to Plaintiff.
Signed: September 20, 2017

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