Bartlett v. Grindstaff

Filing 5

MEMORANDUM AND ORDER: Accordingly, plaintiff is ASSESSED the full civil filing fee of $350. By separate order, this action will be DISMISSED for want of prosecution under Rule 41(b) of the Federal Rules of Civil Procedure. (C/M to Pro Se Litigant). Signed by District Judge J Ronnie Greer on 12/4/2013. (LMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
MICHAEL PAUL BARTLETT, JR.,
Plaintiff,
v.
APRIL GRINDSTAFF,
Defendant.

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NO. 2:13-CV-168
Greer/Inman

MEMORANDUM and ORDER
This pro se prisoner’s civil right complaint, filed under 42 U.S.C. § 1983, is before the Court
upon plaintiff’s partial response to a deficiency order entered in this case. In that order, the Court
notified plaintiff that his complaint was unsigned and directed the Clerk to make a copy of the last
page of the complaint and return the original to plaintiff. Plaintiff was also required to submit the
full filing fee or a certified copy of his prison trust account statement to support his application to
proceed in forma pauperis. The deficiency order also contained this warning:
Unless, within thirty (30) days of the date of entry of this Order,
plaintiff signs and returns the last page of his complaint and pays the
entire filing fee or submits a copy of his inmate trust account
statement, the Court will assume that he is not a pauper, assess the
entire filing fee, and dismiss this action for want of prosecution under
Rule 41(b) of the Federal Rules of Civil Procedure. Should this
action be dismissed, it will not be reinstated, even if plaintiff later
pays the fee or requests pauper status.
(Doc. 3, Deficiency Order). Plaintiff explicitly was required to respond to both the filing fee and
the signature issues.
In his response to the deficiency order, plaintiff states that he has requested a certified copy
of his inmate trust fund account to no avail and asks that the Court issue an order directing the Carter
County Detention Center to comply with his request. However, plaintiff did not sign and return the

last page of his complain, as directed in the deficiency order. Thus, it remains that plaintiff’s
pleading violates Rule 11 of the Federal Rules of Civil Procedure, which requires each pleading filed
in the Court to contain an original signature.
Accordingly, plaintiff is ASSESSED the full civil filing fee of $350. By separate order, this
action will be DISMISSED for want of prosecution under Rule 41(b) of the Federal Rules of Civil
Procedure.

ENTER:
s/J. RONNIE GREER
UNITED STATES DISTRICT JUDGE

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