Boyd v. Corrections Corporation of America et al

Filing 4

ORDER: The Clerk of Court is DIRECTED to mail the plaintiff a blank application to proceed in district court without prepaying fees and costs and a copy of Administrative Order 93. The plaintiff MUST either pay the $400.00 filing fee in full or complete the application to proceed in forma pauperis and return the properly completed application, along with a current trust-account statement, to the district Court. The plaintiff's submissions must be received in this court within 30 d ays of the date this order is entered on the docket. Signed by District Judge Todd J. Campbell on 11/21/13. (xc:Pro se party by regular and certified mail along w/blank ifp app and copy of AO No. 93.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
LAMONT BOYD,
Plaintiff,
v.
CORRECTIONS CORPORATION OF AMERICA,
OFFICER JAMES YARBROUGH, and
WARDEN BLAIR LEIBACH,
Defendants.

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Case No. 3:13-cv-1207
Judge Campbell

ORDER
Lamont Boyd, a state prisoner incarcerated at the Metro-Davidson County Detention Facility in
Nashville, Tennessee, has filed a pro se complaint under 42 U.S.C. § 1983. Although the complaint was
accompanied by an outdated balance statement for the plaintiff’s prison trust account,1 it was not
accompanied by an actual motion to proceed in forma pauperis.
A complaint may not be considered on the merits unless it is accompanied by the appropriate fee,
28 U.S.C. § 1914(a), or by an application to proceed in forma pauperis, 28 U.S.C. § 1915(a)(1). The latter,
to be considered by this Court, must be signed and notarized by an appropriate prison official as set forth in
Administrative Order 93, and accompanied by a certified copy of the plaintiff’s trust fund account statement
(or institutional equivalent) for the 6-month period immediately preceding the filing of the complaint, obtained
from the appropriate official at each prison in which the plaintiff has been confined during that 6-month period.
28 U.S.C. § 1915(a)(2).
The Clerk of Court is DIRECTED to mail the plaintiff a blank application to proceed in district court
without prepaying fees and costs and a copy of Administrative Order 93. The plaintiff MUST either pay the
$400.00 filing fee in full or complete the application to proceed in forma pauperis and return the properly
completed application, along with a current trust-account statement, to the district Court. The plaintiff’s
submissions must be received in this court within 30 days of the date this order is entered on the docket. The
submissions must include the docket number assigned to this case, No. 3:13-cv-1207.

1

This balance report covers the period from April 2005 through October 2012.

The plaintiff is forewarned that if he does not comply with the instructions of the Court within the
30-day time limit, this action may be summarily dismissed for failure to comply with the instructions of the
Court and for want of prosecution. Fed. R. Civ. P. 41(b).
It is so ORDERED.

Todd Campbell
United States District Judge