Moore v. Doe et al

Filing 9

ORDER denying 2 MOTION/APPLICATION to Proceed In Forma Pauperis (Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)

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United States District Court Southern District of Texas ENTERED UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION EDWARD MOORE, Plaintiff, VS. JANE DOE, et al, Defendants. § § § § § § § § April 04, 2017 David J. Bradley, Clerk CIVIL ACTION NO. 2:17-CV-121 ORDER Plaintiff is a Texas inmate who filed this civil rights action appearing pro se. Pending is Plaintiff’s application to proceed in forma pauperis. (D.E. 2). Plaintiff currently has $1,587.63 in his inmate account. (D.E. 3). The filing fee is $350.00. Plaintiff appears to have the ability to pay the filing fee. Further, Plaintiff’s application to proceed in forma pauperis is incomplete. Plaintiff has not fully answered any of the questions in the application. For example, with regard to question 1, Plaintiff answered “Yes” to having received money from friends and family, however he failed to state the source of the money and the amount received as required by the question. Additionally, Plaintiff answered question 2 “Yes” as to having money in a checking or savings account including his inmate account, however, he failed to state the total value of the items owned as required by question 2. Finally, Plaintiff did not answer question 3 with regard to whether he owns real estate, stocks, bonds, notes, automobiles, or other valuable property. 1/2 Therefore, it is ORDERED that Plaintiff shall either pay the full filing fee within twenty (20) days of the date of this order or explain to this Court in writing within that time why he is unable to pay the filing fee. It is further ORDERED that if Plaintiff persists in seeking to proceed in forma pauperis, he shall resubmit a fully completed application to proceed in forma pauperis. Plaintiff shall answer each question completely. Plaintiff is cautioned his case may be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to comply with court orders. See also Martinez v. Johnson, 104 F.3d 769, 772 (5th Cir. 1997)(holding district courts have the power to sua sponte dismiss a cause of action for failure to prosecute). Plaintiff is further advised that if the Court later grants his application to proceed in forma pauperis he will be required to pay the full filing fee in installments pursuant to the Prison Litigation Reform Act. See 28 U.S.C. § 1915(b)(1). Plaintiff may voluntarily dismiss his case within twenty (20) days if he does not want to pay the filing fee. ORDERED this 3rd day of April, 2017. ___________________________________ Jason B. Libby United States Magistrate Judge 2/2

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