Opinion
24-cv-503-jdp
07-25-2024
AERION KING, Plaintiff, v. SGT. RUTLEDGE, et al. Defendants.
ORDER
ANDREW R. WISEMAN UNITED STATES MAGISTRATE JUDGE
Plaintiff Aerion King has filed a proposed civil complaint and has requested leave to proceed without prepaying the filing fee. To evaluate plaintiff's request to proceed without prepayment, I must review a certified copy of plaintiff's inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2).
For this case to proceed, plaintiff must submit a certified trust fund account statement no later than August 16, 2024. If I find that plaintiff is indigent, I will calculate an initial partial payment of the filing fee that plaintiff must pay before the court can screen the complaint on the merits under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the balance of the filing fee in installments.
ORDER
IT IS ORDERED that plaintiff Aerion King may have until August 16, 2024 to submit a certified trust fund account statement for the period beginning approximately January 25, 2024 and ending approximately July 25, 2024. If plaintiff fails to respond to this order by August 16, 2024, then I will assume that plaintiff wishes to withdraw this action voluntarily. In that event, the case will be dismissed without prejudice to plaintiff refiling at a later date.
BY THE COURT: