Newberry v. Melton et al

Filing 3

ORDER: The Clerk is directed to return the plaintiff's unsigned application to him. The plaintiff shall sign the application and resubmit it to the Clerks Office within fourteen (14) days of its receipt. Signed by District Judge Kevin H. Sharp on 3/17/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

JACK NEWBERRY
Plaintiff,

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v.
W.B. MELTON, et al.
Defendants.

No. 2:14-0024
Judge Sharp

O R D E R
The Court has before it a pro se prisoner complaint (Docket
Entry No.1) under 42 U.S.C. § 1983, and an application to proceed
in forma pauperis (Docket Entry No.2).
Unfortunately,

the

plaintiff

has

neglected

to

sign

the

application to proceed in forma pauperis. As a consequence, the
Court can not yet rule upon its merit. See Rule 11(a), Fed. R. Civ.
P. (an unsigned pleading shall be stricken unless omission of the
signature is corrected promptly).
Accordingly, the Clerk is directed to return the plaintiff’s
unsigned

application

to

him.

The

plaintiff

shall

sign

the

application and resubmit it to the Clerk’s Office within fourteen
(14) days of its receipt.
The plaintiff is forewarned that, should he fail to comply
with the instructions of the Court in a timely manner, the Court
will presume that he is not a pauper, the filing fee will be

assessed against him and collected from his inmate trust account,
and this action will be dismissed for failure to comply and for
want of prosecution.
It is so ORDERED.

____________________________
Kevin H. Sharp
United States District Judge