Banks v. Roe et al

Filing 4

MEMORANDUM OPINION: Under the Prisoner Litigation Reform Act of 1995, a prisoner who files a complaint in a district court must tender the full filing fee or he must file (1) an application to proceed in forma pauperis without pre payment of fees and (2) a certified copy of his inmate trust account for the previous six-month period. Plaintiff shall have fifteen (15) days from the date of entry of this order to pay the full filing fee or to submit the necessary documents. Pla intiff is hereby NOTIFIED that if he fails to comply with this order, the Court shall presume that Plaintiff is not a pauper, assess the full amount of fees, and order the case dismissed for want of prosecution and/or failure to comply with Court orders. Signed by Chief District Judge Thomas A. Varlan on 6/4/18. (c/m with ifp application to Frederick Banks 05711068 NORTHEAST OHIO CORRECTIONAL CENTER 2240 HUBBARD ROAD YOUNGSTOWN, OH 44505) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
FREDERICK BANKS,

)
)
Plaintiff,
)
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v.
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ADRIAN ROE, MARK R. HORNAK,
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ROBERT CESSAR, SOO SONG,
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SEAN LANGFORD, ROBERT WERNER, )
and MIKE POMPEO,
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Defendants.
)

No.:

3:17-CV-329-TAV-DCP

MEMORANDUM OPINION
The Court is in receipt of a pro se prisoner’s complaint for violation of 42 U.S.C.
§ 1983 [Doc. 1], a motion for leave to proceed in forma pauperis [Doc. 2], and an amended
complaint [Doc. 3]. Under the Prisoner Litigation Reform Act of 1995, a prisoner who
files a complaint in a district court must tender the full filing fee or he must file (1) an
application to proceed in forma pauperis without prepayment of fees and (2) a certified
copy of his inmate trust account for the previous six-month period. 28 U.S.C. § 1915(a)(2).
Plaintiff has not paid the required $400 filing fee, nor has be submitted the proper
documents to proceed in forma pauperis. Specifically, Plaintiff has not filed a certified
copy of his inmate trust account for the previous six-month period.
Plaintiff shall have fifteen (15) days from the date of entry of this order to pay the
full filing fee or to submit the necessary documents. The Clerk is DIRECTED to send
Plaintiff an application to proceed in forma pauperis. Plaintiff is hereby NOTIFIED that

if he fails to comply with this order, the Court shall presume that Plaintiff is not a pauper,
assess the full amount of fees, and order the case dismissed for want of prosecution and/or
failure to comply with Court orders.
IT IS SO ORDERED.
ENTER:

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

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