Ramos v. Donald W. Wyatt Detention Facility et al

Filing 8

MEMORANDUM AND ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting 6 Report and Recommendations. So Ordered by Chief Judge Mary M. Lisi on 4/19/2012. (Duhamel, John)

UNITED STATES DISTRICT COURT
DISTRICT OF RHODE ISLAND

GILBERTO RAMOS

v.

CA 12-106 ML

DONALD W. WYATT DETENTION FACILTIY,
U.S. MARSHALS SERVICE,
BRIAN K. MURPHY

MEMORANDUM AND ORDER
This matter is before the Court on the Report and Recommendation of Magistrate Judge
Martin wherein Magistrate Judge Martin recommends that Plaintiffs Application to proceed in
forma pauperis be denied and that the action be dismissed without prejudice unless Plaintiff
complied with 28 U.S.C. § 1915(a)(2) by providing a certified copy of Plaintiffs inmate trust
fund account statement for the 6-month period immediately preceding the filing of the
Complaint. Plaintiff has submitted a trust account statement from the institution where he is
currently confined. The Court notes that the statement only covers a one-month period from
February 7, 2012 to March 5, 2012. More significantly, it appears from that statement that as of
March 5, 2012, Plaintiff had sufficient funds in the account to pay the filing fee for this civil
action.
Accordingly, Plaintiffs Application to proceed in forma pauperis is DENIED.

SO ORDERED:

Is/ Mary M. Lisi
MaryM. Lisi
Chief United States District Judge
April19, 2012