Harrison v. Rodriguez et al

Filing 7

NOTICE OF IN FORMA PAUPERIS DEFICIENCY AND ORDER TO COMPLY Notice of Compliance due by 11/4/2013(Signed by Magistrate Judge Jason B. Libby) Parties notified-white receipt card mailed to plaintiff.(mserpa, 2)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ADRIAN HARRISON,
Plaintiff,
VS.
RODRIGUEZ, et al,
Defendants.

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§ CIVIL ACTION NO. 2:13-CV-251
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NOTICE OF IN FORMA PAUPERIS DEFICIENCY
AND ORDER TO COMPLY

Pending is Plaintiff’s application to proceed in forma pauperis. (D.E. 6). A
prisoner who is seeking to proceed in forma pauperis must file “a certified copy of the
trust fund account statement (or institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint....” 28 U.S.C. § 1915(a)(2). A
district court may dismiss an action for failure to prosecute or to comply with any order
of the court. McCullough v. Lynaugh, 835 F.2d 1126 (5th Cir.1988); Fed. R. Civ. P.
41(b).
Plaintiff filed this prisoner Civil Rights complaint pursuant to 42 U.S.C. § 1983 on
July 24, 2013. On August 13, 2013, the U.S. District Clerk notified Plaintiff his pleading
was deficient for failure to pay the filing fee or requesting to proceed in forma pauperis.
(D.E. 4). The notice instructed Plaintiff to either pay the filing fee or file a certified copy
of his inmate trust fund statement with his application and failure to comply may result in

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his case being dismissed. Plaintiff subsequently filed a Motion to Proceed In Forma
Pauperis but failed to submit his inmate trust fund statement. (D.E. 6).
Plaintiff is ORDERED to submit to the Court a certified copy of his inmate trust
fund account statement (or institutional equivalent) for the 6-month period immediately
preceding the filing of the complaint on or before November 4, 2013. If Plaintiff fails
to comply with this order, this matter will be referred to the District Court with a
recommendation to dismiss Plaintiff’s cause of action.
ORDERED this 7th day of October, 2013.

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Jason B. Libby
United States Magistrate Judge

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