Bethel et al v. Brentwood High School (And Middle), Brentwood Tennessee et al

Filing 3

ORDER: The Clerk is directed to send the plaintiffs a blank application to proceed in forma pauperis. The plaintiffs shall, within 14 days of its receipt, complete the application in full, sign it and return it to the Clerks Office. The plaintiffs ar e forewarned that, should they failto comply with these instructions within the specified period of time, this action will be dismissed for want of prosecution. Signed by Chief Judge Todd J. Campbell on 4/19/11. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

GLYNIS BETHEL and ORLANDO
BETHEL, INDIVIDUALLY, and as
NEXT FRIENDS OF MINOR CHILDREN
ZOE BETHEL, KEZIA BETHEL and
ZION BETHEL
Plaintiffs,
v.
BRENTWOOD HIGH SCHOOL, et al.
Defendants.

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No. 3:11-0364
Judge Campbell

ORDER

The Court has before it a pro se civil complaint (Docket Entry No. 1) brought pursuant to
42 U.S.C. § 1983, and an Affidavit to Waive Filing Fees (Docket Entry No. 2).
The plaintiffs’ Affidavit is defective in two respects. First, the Affidavit was only signed by
one of the plaintiffs, i.e., Glynis Bethel. When a party is not represented by counsel, that party must
personally sign “every pleading, written motion and other paper”. Rule 11(a), Fed. R. Civ. P. The
plaintiff, Orlando Bethel, is an unrepresented party. Therefore, he must sign the Affidavit.
Second, to proceed as a pauper, the plaintiffs must submit an Affidavit that includes, at the
very least, “a statement of all assets”. 28 U.S.C. § 1915(a). The plaintiffs’ Affidavit offers no
financial information whatsoever from which the Court can evaluate their ability to pay the fee
required to file their complaint.
Accordingly, the Clerk is directed to send the plaintiffs a blank application to proceed in
forma pauperis. The plaintiffs shall, within fourteen (14) days of its receipt, complete the application

in full, sign it and return it to the Clerk’s Office. The plaintiffs are forewarned that, should they fail
to comply with these instructions within the specified period of time, this action will be dismissed
for want of prosecution. Rule 41(b), Fed. R. Civ. P.
It is so ORDERED.

______________________________
Todd Campbell
United States District Judge