Days v. Reescano et al

Filing 15

ORDER denying 7 MOTION for Leave to File Amended Complaint, 2 MOTION for Appointment of Counsel (Signed by Judge George C Hanks, Jr) Parties notified.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
FRANK JOSEPH DAYS,
Plaintiff,
VS.
FRANKIE REESCANO, et al.,
Defendants.

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November 16, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. 3:16-CV-194

ORDER
The plaintiff in this prisoner civil rights case, Frank Joseph Days (TDCJ #
02004027), has filed a motion for leave to proceed in forma pauperis (“IFP”) (Dkt. 4).
Days filed his application using the standard form, which the Court appreciates.
However, Days filed a prisoner trust fund account statement which lacks certain
information that the Court needs to evaluate his IFP application and, if necessary, to
calculate a proper initial filing fee under 28 U.S.C. § 1915(b). The Court needs an
account statement that includes both: (1) the average monthly deposits to Days’s account
for the six-month period immediately preceding the filing of the complaint; and (2) the
average monthly balance in Days’s account for the six-month period immediately
preceding the filing of the complaint.
Days is ORDERED to submit a certified copy of his prisoner trust fund account
statement containing the information described in 28 U.S.C. § 1915(b) within thirty days
of the date of this order. Days is advised to request a certified copy of his trust fund

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account statement from the unit law librarian or other designated prison official at his
unit.
Days’s motion for the appointment of counsel (Dkt. 2) is DENIED. The
appointment of counsel is not necessary at this time. Days’s motion for leave to file an
amended complaint (Dkt. 7) is also DENIED. Days has not alleged any personal
involvement on the part of the TDCJ officials he wishes to add as defendants, nor has he
alleged that either official implemented unconstitutional policies that causally resulted in
a deprivation of his Constitutional rights. See Porter v. Epps, 659 F.3d 440, 446 (5th Cir.
2011).
The Clerk will provide a copy of this order to the parties.
SIGNED at Galveston, Texas, this 16th day of November, 2016.
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George C. Hanks Jr.
United States District Judge

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