Amos v. Miller et al

Filing 2

ORDER: The Clerk is DIRECTED to send the pltf a blank application to proceed in forma pauperis, and a copy of Administrative Order No. 93. The pltf, in turn, is directed to submit to the Clerk of Court within 30 days of the date of entry of this orde r either the full $350.00 civil filing fee, or a properly completed application to proceed in forma pauperis, and a copy of his inmate trust fund account statement for the 6-month period immediately preceding the date of entry of this order. Signed by District Judge Aleta A. Trauger on 9/9/09. (reg & cert mail to pltf along w/ifp app & copy of AO No. 93)(tmw) Modified on 9/9/2009 (tmw).

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JAMES O. AMOS, Plaintiff, v. DR. MILLER, ET AL., Defendants. ) ) ) ) ) ) ) ) ) ORDER The plaintiff, a prisoner in the Northwest Correctional Complex in Tiptonville, brings this pro se action under 42 U.S.C. § 1983. The plaintiff has not paid the three hundred fifty dollar ($350.00) civil filing fee. Neither has he submitted an application to proceed in forma pauperis in lieu thereof. The Clerk is DIRECTED to send the plaintiff a blank application to proceed in forma pauperis, and a copy of Administrative Order No. 93. The plaintiff, in turn, is directed to submit to the Clerk of Court within thirty (30) days of the date of entry of this order either the full $350.00 civil filing fee, or a properly completed application to proceed in forma pauperis, and a copy of his inmate trust fund account statement for the 6-month period immediately preceding the date of entry of this order. 28 U.S.C. § 1915(a)(2). The plaintiff is forewarned that if he does not comply with the court's directions, the court is required under the law to presume that he is not a pauper, assess the full amount of the filing fee, and dismiss the action for want of prosecution. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). If the plaintiff's case is dismissed under these circumstances, it will not be reinstated to the court's active docket despite subsequent payment of the filing fee, or correction of any

No. 3:09mc0188 Judge Trauger

documentary deficiency. Id. An extension of time to pay the filing fee, or to submit the documentation required to proceed in forma pauperis, may be requested from this court if a motion for an extension of time is filed within thirty (30) days of the date of entry of this order. Floyd v. United States Postal Service, 105 F.3d 274, 279 (6th Cir. 1997), superseded on other grounds by Rule 24, Fed. R. App. P.

It is so ORDERED.

Aleta A. Trauger United States District Judge

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