Hessmer v. Wilson County et al

Filing 2

ORDER: 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 do one of the following within 30 days of the date that he receiv es this order: (1) either pay the full $350.00 filing fee; (2) or complete the application to proceed in forma pauperis provided in accordance with Administrative Order No. 93, and return the properly completed application to the district cour t with a certified copy of his inmate trust fund account statement for the 6-month period immediately preceding the date of the entry of this order. Signed by District Judge Aleta A. Trauger on 4/25/13. (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
NASHVILLE DIVISION
JOHN ALLEN HESSMER,

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Plaintiff,
v.
WILSON COUNTY, et al.,
Defendants.

No. 3:13-mc-00039
Judge Trauger

ORDER
The plaintiff, an inmate at the Riverbend Maximum Security Institution in Nashville,
Tennessee, has submitted a “Continuing Tort Conspiracy Suit” against Wilson County, Brian Wayne
Fuller, Sam V. Guin, Jr., Marty Smith McLemore, and Lee Bridges. (Docket No. 1). However,
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 do one of
the following within thirty (30) days of the date that he receives this order: (1) either pay the full
three hundred fifty dollar ($350.00) filing fee; (2) or complete the application to proceed in forma
pauperis provided in accordance with Administrative Order No. 93, and return the properly
completed application to the district court with a certified copy of his inmate trust fund account
statement for the 6-month period immediately preceding the date of the entry of this order, as
required under 28 U.S.C. § 1915(a)(2).

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The plaintiff is forewarned that if he does not comply with this order within the 30-day time
frame specified, 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), overruled on other grounds by Jones v. Bock, 549 U.S. 199
(2007). 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 documentary
deficiency. Id.
An extension of time to comply with this order 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.

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Aleta A. Trauger
United States District Judge

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