Riches v. Vick

Filing 3

MEMORANDUM ORDER that this action is CONDITIONALLY docketed; Plaintiff to submit statement as set out herein within 30 days of entry hereof; Clerk to obtain certified copy of Plaintiff's trust fund account for 6 month period immediately proceeding the initiation of this action; Plaintiff to return the Consent to Collection of Fees form within thirty (30) days of entry hereof. See Order for more details. Copies mailed: Yes. Signed by Judge M. Hannah Lauck on 8/1/07. (tdai, )

Riches v. Vick

Doc. 3

Case 3:07-cv-00434-HEH

Document 3

Filed 08/01/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division JONATHAN LEE RICHES, Plaintiff, v. MICHAEL VICK, Defendant. MEMORANDUM ORDER Plaintiff, a federal inmate, has submitted this action. He also has applied to proceed in forma pauperis. In conformity with the Prison Litigation Reform Act of 1995, it is ORDERED that: 1. 2. This action is CONDITIONALLY docketed. Within thirty (30) days from the date of entry hereof, Plaintiff must submit his Civil Action No. 3:07CV434

statement under oath or under penalty of perjury that: (A) (B) (C) (D) Identifies the nature of the action; States his belief that he is entitled to relief; Avers that he is unable to prepay fees or give security therefor; and, Includes a statement of the assets he possesses, which must include the current balance in his inmate hold account.

The Court is forwarding to Plaintiff an affidavit for compliance with the above procedures. Failure to complete the affidavit in its entirety will result in summary dismissal of the action. 3. The Clerk shall obtain a certified copy of Plaintiff's trust fund account for the six

(6) month period immediately preceding the initiation of this action.

Dockets.Justia.com

Case 3:07-cv-00434-HEH

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Filed 08/01/2007

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4.

Plaintiff must affirm his intention to pay the entire $350.00 filing fee.

Accordingly, he is required to read, sign, and return to the Court the enclosed consent to collection of fees form within thirty (30) days of the date of entry hereof. 5. Failure to comply strictly with any of the above time requirements will result in

summary dismissal of the action. See Fed. R. Civ. P. 41(b). 6. Plaintiff need not comply with paragraphs 1 through 5 if he submits the full

$350.00 filing fee and withdraws his request to proceed in forma pauperis within thirty (30) days of the date of entry hereof. 7. Plaintiff has moved for the appointment of counsel. In cases under 42 U.S.C

§ 1983, the Court need not appoint counsel unless the case presents complex issues or exceptional circumstances. See Whisenant v. Yuam, 739 f.2d 160, 163 (4th Cir. 1984). Plaintiff's action does not involve complex issues or exceptional circumstances. Accordingly, Plaintiff's motion for the appointment of counsel is DENIED WITHOUT PREJUDICE. 8. Plaintiff is prohibited from filing any other pleadings, motions, memoranda, or

materials not specifically required herein or otherwise specifically ordered by the Court until he begins making payments on the filing fee. Any materials submitted in violation of this paragraph will not be considered. Accordingly, Plaintiff's motion for a temporary restraining order (Docket No. 2) is DENIED WITHOUT PREJUDICE. 9. Plaintiff must immediately advise the Court of his new address in the event that he

is transferred, released, or otherwise relocated while the action is pending. FAILURE TO DO SO MAY RESULT IN DISMISSAL OF THE ACTION.

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Case 3:07-cv-00434-HEH

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Filed 08/01/2007

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The Clerk is DIRECTED to send a copy of the Memorandum Order to Plaintiff. It is so ORDERED. /s/ M. Hannah Lauck United States Magistrate Judge Date: August 1, 2007 Richmond, Virginia

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