Boger v. Crosswhite et al

Filing 6

ORDER that Plaintiff shall submit an amended Complaint and an amended Application to Proceed in District Court Without Prepaying Fees and Costs that are complete, signed, and dated within thirty (30) days of this Order. (Amended Pleadings due by 3/18/2021). Signed by Chief Judge Martin Reidinger on 2/13/2021. (Pro se litigant served by US Mail.)(kby) Modified on 2/23/2021 to change the Amended Pleadings deadline.) (khm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:21-cv-00018-MR
MARK BOGER,

)
)
Plaintiff,
)
)
vs.
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JOSEPH CROSSWHITE, et al.,
)
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Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on review of Plaintiff’s Complaint
[Doc. 1], filed under 42 U.S.C. § 1983, and Plaintiff’s Application to Proceed
in District Court Without Prepaying Fees and Costs (“IFP Application”) [Doc.
2].
Pro se Plaintiff Mark Boger (“Plaintiff”) is a prisoner of the State of North
Carolina currently incarcerated at Alexander Correctional Institution in
Taylorsville, North Carolina. He filed this action on February 5, 2021,
pursuant to 42 U.S.C. § 1983, naming Joseph Crosswhite and Crystal Beale
as Defendants. [Doc. 1]. Plaintiff’s Complaint is not signed and his IFP
Application is not signed or dated. [See Doc. 1 at 6; Doc. 2 at 1]. Plaintiff
must file signed and dated versions of these documents before the Court will
allow Plaintiff to proceed in forma pauperis or conduct its initial review of

Case 5:21-cv-00018-MR Document 6 Filed 02/16/21 Page 1 of 2

Plaintiff’s Complaint.
IT IS THEREFORE ORDERED that Plaintiff shall submit an amended
complaint and an amended Application to Proceed in District Court Without
Prepaying Fees and Costs that are complete, signed, and dated within thirty
(30) days of this Order.

If Plaintiff fails to timely submit an amended

complaint and an amended IFP Application in accordance with the terms of
this Order, Plaintiff’s Complaint may be dismissed without prejudice and
without further notice to Plaintiff.
The Clerk is instructed to mail Plaintiff blank copies of a 42 U.S.C. §
1983 Complaint and an Application to Proceed in District Court Without
Prepaying Fees and Costs.
IT IS SO ORDERED.
Signed: February 13, 2021

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Case 5:21-cv-00018-MR Document 6 Filed 02/16/21 Page 2 of 2