Riches v. Al-Arian et al

Filing 2

Order and Notice of Deficiency that plaintiff(s) has 30 days to cure the following deficiency: Riches has not presented his action on the proper form; form application to proceed in forma pauperis was not submitted. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). ORDERED that clerk shall mail a copy of this order, form application to proceed in forma pauperis, and civil complaint form to plaintiff for completion and signature and then returned to clerk of Court within time set forth. (Signed by Judge Charles Bleil on 10/17/2007) (csw)copy of order, IFP form, 1983 form mailed to plaintiff

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Riches v. Al-Arian et al Doc. 2 Case 4:07-cv-00616 Document 2 Filed 10/17/2007 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION JONATHAN LEE RICHES, V. SAMI AMIN AL-ARIAN, et al. § § § § § CIVIL ACTION 4:07-CV-616-A ORDER AND NOTICE OF DEFICIENCY (With special instructions to the Clerk of Court) On October 16, 2007, Bureau of Prisons inmate-plaintiff Jonathan Lee Riches (BOP # 40948-018) submitted a civil complaint, the case was given the above referenced cause number, assigned to the Honorable John H. McBryde, and referred to the undersigned. Although the Prison Litigation Reform Act (PLRA) does allow a prisoner to bring a civil action1 without prepayment of fees or security, a prisoner is required to "pay the full amount of a filing fee." 28 U.S.C.A. § 1915(b)(1)(West 2006). In order to obtain this payment, the Court is first required to assess and collect an initial partial filing fee. See 28 U.S.C. §1915(b)(1). The statute further requires prisoners thereafter to pay the balance of the full filing fee. The statute also requires a prisoner to provide to the Court both an affidavit and a certificate of inmate trust account, and Riches has failed to do so. Furthermore, the Court notes that Riches has not presented his action on the proper form as required by the miscellaneous orders of this Court.2 Thus, he has failed to provide answers to important questions, and failed to acknowledge sanctions warnings that are included in the form. Plaintiff must correct this deficiency by providing a properly completed complaint form, including providing information about any prior lawsuits and relating to the exhaustion of the administrative grievance procedures regarding the claims made the basis of this case. Any party instituting any civil action (including an action for a TRO or injunctive relief) is required to pay a filing fee of $350.00. See 28 U.S.C.A. § 1914(a)(West Supp. 2006). As a part of the Deficit Reduction Act of 2005 signed February 8, 2006, 28 U.S.C. § 1914 was amended by striking "250" as the filing fee amount and inserting "350." Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (Feb 8, 2006). 1 Miscellaneous Order No. 14 requires complaints filed in this district by a state or federal prisoners alleging civil rights violations to be submitted on the complaint form attached hereto. 2 Dockets.Justia.com Case 4:07-cv-00616 Document 2 Filed 10/17/2007 Page 2 of 2 It is therefore ORDERED that the Clerk of the Court shall take the following indicated action: (X) (X) A copy of this order shall be mailed to Plaintiff. No further process shall issue except upon order of the Court. A form application to proceed in forma pauperis and certificate of inmate trust account, with the cause number thereon, shall be mailed to Plaintiff for completion and return to the clerk of Court within the time set forth below. A prisoner civil complaint form, with the cause number thereon, shall be mailed to plaintiff for completion and signature, and then return to the clerk of Court within the time set forth below. (X) It is further ORDERED that plaintiff shall cure each aforementioned deficiency within thirty (30) days of the date of this order. Failure to comply with this order could result in the dismissal of this action without further notice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SIGNED October 17, 2007. /s/ Charles Bleil CHARLES BLEIL UNITED STATES MAGISTRATE JUDGE 2

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