Cottier v. Blindman et al

Filing 6

ORDER. The Defendant has 30 days from the date of this Order to return a completed PTAR to the Clerk of Court. Signed by U.S. District Judge Roberto A. Lange on 5/12/14. (DJP)

FILED
MAY 12 2014
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

JAMES A. COTTIER,
Plaintiff,
vs.

BURNELL BLINDMAN,
DAROL YOUNG, and
DENNIS DAUGAARD,
Defendants.

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CIV 14-4021-RAL

ORDER

Plaintiff James A. Cottier ("Cottier") is an inmate at the South Dakota State Penitentiary
in Sioux Falls, South Dakota. Doc. 1. On February 12, 2014, Cottier filed a pro se civil rights
lawsuit pursuant to 42 U.S.C. § 1983. Doc. 1. Cottier, however, did not file "a certified copy
of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint" as is required. 28 U.S.C. § 1915.
Cottier filed instead a Department of Corrections Release Statement, Doc. 3, which is not
certified and does not contain the information this Court needs to determine pauper status and
to progress with this case. On February 27, 2014, the Clerk of Court sent Cottier a letter
directing him to complete the Prisoner Trust Account Report and attached a copy for him to do
so. Doc. 5. Cottier has not completed and returned the Prisoner Trust Account Report sent to
him on February 27,2014. Thus, he has not yet satisfied, nor attempted to satisfy, 28 U.S.C. §
1915(a)(2).
This Court has been extremely patient with Cottier's failure to provide material to
determine what, if any, filing fee he should pay and will give Cottier thirty days from the date

of this order to file "a certified copy of the trust fund account statement (or institutional
equivalent) for the prisoner for the 6-month period immediately preceding the filing of the
complaint." 28 U.S.C. § 1915(a)(2). Failure to comply with this Order and submit a certified
Prisoner Trust Account Report by the deadline set will result in dismissal without prejudice of
this action. See In re Prison Litig. Reform Act, lOS F.3d 1131 (6th Cir. 1997) ("Ifan inmate not
paying the full filing fee fails to provide an affidavit ofindigency or trust account statement, the
district court shall notifY the prisoner of the deficiency and the prisoner shall have thirty (30)
days from the date of the deficiency order to correct the error or pay the full filing fee. If the
prisoner does not comply with the district court's directions, the ... district court must then order
the case dismissed for want of prosecution."); see also Perry v. Boston Scientific Family, CIV.
No. 11-3464 (DWFILIB), 2012 WL 694713, at *2 (D. Minn. Feb. 9, 2012), report and
recommendation adopted, CIV. No.1 1-3464 (DWFILIB), 2012 WL 694700, at *1 (D. Minn.
Mar. 1,20 12) (collecting cases holding dismissal appropriate when pro se litigant fails to comply
with pauper requirements and court orders). Accordingly, it is
ORDERED that the Clerk of Court mail this Order as well as a Prisoner Trust Account
Report to Cottier. It is further
ORDERED that Cottier shall have the Prisoner Trust Account Report completed pursuant
to that document's directions and returned within thirty (30) days ofthis Order. Failure to have
the Prisoner Trust Account Report completed and returned within thirty (30) days will result in
dismissal without prejudice of the Complaint.
Dated May

Jt::, 2014.

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BY THE COURT:

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