Hartzell v. Miami County Incarceration Facility

Filing 6

ORDER -Pro se Plaintiff is ORDERED to SHOW CAUSE, in writing and within 14 days from the entry of this Order, as to why he should be permitted to proceed IFP. In lieu of showing cause, Plaintiff may pay the required $400.00 filing fee with the C lerk of Court. Pro se Plaintiff is NOTIFIED that failure to SHOW CAUSE or pay the required filing fee as directed above may result in a dismissal of this case for failure to prosecute. Signed by Magistrate Judge Michael J. Newman on 4/21/2017. (dm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
KENNETH HARTZELL,
Plaintiff,

Case No. 3:17-cv-63

vs.
MIAMI COUNTY INCARCERATION
FACILITY, et al.,

District Judge Walter H. Rice
Magistrate Judge Michael J. Newman

Defendants.
_____________________________________________________________________________________
ORDER
_____________________________________________________________________________________
This pro se civil case is before the Court on Plaintiff’s complaint filed on February 23, 2017
against the Miami County, Ohio Jail, a number of individual Jail employees, and a food services
contractor doing business with the Jail. Doc. 1. Subsequently, pro se Plaintiff sent dozens of pages of
correspondence to the Court alleging, among other contentions, a lack of medical care and subpar
conditions at the Jail. See doc. 3. Although the Clerk mailed to pro se Plaintiff a form application to
proceed without prepayment of fees -- i.e., an application to proceed in forma pauperis (“IFP”)1 -- to date,
Plaintiff has neither paid the required filing fee nor moved to proceed IFP.
Accordingly, pro se Plaintiff is ORDERED to SHOW CAUSE, in writing and within 14 days
from the entry of this Order, as to why he should be permitted to proceed IFP. In lieu of showing cause,
Plaintiff may pay the required $400.00 filing fee with the Clerk of Court. Pro se Plaintiff is NOTIFIED
that failure to SHOW CAUSE or pay the required filing fee as directed above may result in a dismissal of
this case for failure to prosecute.
IT IS SO ORDERED.

Date:

April 21, 2017

1

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

A form application to proceed without prepayment of fees and affidavit can be found on the Court’s
website at http://www.ohsd.uscourts.gov/sites/ohsd/files/ifp_0.pdf.