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Perkins v. Wilson Cnty. Jail

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Dec 28, 2012
No. 3:12-cv-01319 (M.D. Tenn. Dec. 28, 2012)

Opinion

No. 3:12-cv-01319

12-28-2012

JEROME PERKINS, Plaintiff, v. WILSON COUNTY JAIL, et al., Defendants.


Judge Campbell


ORDER

The plaintiff, an inmate at the Wilson County Jail in Lebanon, Tennessee, brings this pro se action under 42 U.S.C. § 1983. (Docket No. 1). The plaintiff has submitted an application to proceed in forma pauperis. (Docket No. 2).

The plaintiff's application to proceed in forma pauperis is defective because he has not provided a certified copy of his inmate trust fund account statement for the six (6) month period immediately preceding the filing of his complaint as required by 28 U.S.C.§ 1915(a)(2). Therefore, the plaintiff shall submit to the court within thirty (30) days of the date of service of this order either a certified copy of his inmate trust fund account statement for the six (6) month period immediately preceding the date that he receives this order, or the full three hundred fifty dollar ($350.00) filing fee.

The plaintiff is forewarned that, if he does not comply with this order within the time specified, the court is required to presume that he is not a pauper, assess the full amount of filing fee, and order the case dismissed for want of prosecution. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). If the case is dismissed under these circumstances, it will not be reinstated to the court's active docket despite any subsequent correction of the documentary deficiency, or payment of the filing fee. Id.

An extension of time to submit the required six (6) month statement, or to pay the $350.00 filing fee, may be requested from this court if a motion for an extension of time is filed within thirty (30) days of the date of entry of this order. Id. at 605; Floyd v. United States Postal Service, 105 F.3d 274, 279 (6th Cir. 1997), superseded on other grounds by Rule 24, Fed. R. App. P.

It is so ORDERED.

_____________

Todd J. Campbell

United States District Judge


Summaries of

Perkins v. Wilson Cnty. Jail

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Dec 28, 2012
No. 3:12-cv-01319 (M.D. Tenn. Dec. 28, 2012)
Case details for

Perkins v. Wilson Cnty. Jail

Case Details

Full title:JEROME PERKINS, Plaintiff, v. WILSON COUNTY JAIL, et al., Defendants.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Date published: Dec 28, 2012

Citations

No. 3:12-cv-01319 (M.D. Tenn. Dec. 28, 2012)