Gomez v. Garza West Unit UTMB Health Providers, et al

Filing 7

NOTICE OF IN FORMA PAUPERIS DEFICIENCY AND ORDER TO COMPLY. Required filing fee or application for leave to proceed IFP and cert. copy of inmate trust fund account statement for the 6-month period immediately preceding the filing of the complaint due by 3/8/2018.(Signed by Magistrate Judge Jason B Libby) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
HUMBERTO H. GOMEZ,
Plaintiff,
VS.
GARZA WEST UNIT UTMB HEALTH
PROVIDERS, et al,
Defendants.

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February 15, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 2:18-CV-25

NOTICE OF IN FORMA PAUPERIS DEFICIENCY
AND ORDER TO COMPLY

Plaintiff filed this prisoner Civil Rights complaint pursuant to 42 U.S.C. § 1983 on
January 24, 2018. (D.E. 1). The U.S. District Clerk notified Plaintiff his pleading was
deficient for failure to pay the filing fee or, alternatively, for failing to file an application
for leave to proceed in forma pauperis. (D.E. 6).
Plaintiff was directed to either pay the filing fee or submit the required in forma
pauperis documents no later than February 14, 2018, and was warned that failure to
comply may result in dismissal for want of prosecution. Fed. R. Civ. P. 41(b). Plaintiff
has failed to comply. 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 can either pay the requisite filing fee or file an application for leave to
proceed in forma pauperis. A prisoner who is seeking to proceed in forma pauperis must
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also 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....” along with the application. 28 U.S.C. § 1915(a)(2).
Therefore, Plaintiff is ORDERED to either remit the required filing fee or to
submit to the Court an application for leave to proceed in forma pauperis and a certified
copy of his inmate trust fund account statement (or institutional equivalent) for the 6month period immediately preceding the filing of the complaint on or before March 8,
2018.

If Plaintiff fails to comply, the Court may dismiss this case for want of

prosecution.
ORDERED this 15th day of February, 2018.
___________________________________
Jason B. Libby
United States Magistrate Judge

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