Opinion
Case No. 4:09cv1858 TCM.
November 30, 2009
ORDER
This matter is before the Court on the submission, without payment of a filing fee or request to proceed in forma pauperis, by Plaintiff of a handwritten civil complaint. The complaint is defective. First, the complaint is illegible, having been written in pencil and in very poor handwriting. Second, Plaintiff has neither submitted a motion to proceed in forma pauperis nor paid the statutory filing fee. As a result, the Court will order Plaintiff to correct these defects. If he fails to comply with this Order, the Court will dismiss this action without prejudice. Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court mail to Plaintiff a form civil complaint and a form motion to proceed in forma pauperis — non prisoner.
IT IS FURTHER ORDERED that Plaintiff shall redraft his complaint using the civil complaint form. Plaintiff is directed to either type the form or make his handwriting legible using an ink pen. IT IS FURTHER ORDERED that Plaintiff shall either pay the statutory $350 filing fee or properly complete the form motion to proceed in forma pauperis and financial affidavit.
IT IS FINALLY ORDERED that Plaintiff shall comply with this Order within thirty (30) days from the date of the Order. Plaintiff is cautioned that failure to timely and properly comply with this Order shall cause this action to be dismissed without prejudice.