Opinion
Case No. 1:12-cv-1179
02-07-2013
ROBERT D. SANGO, Plaintiff, v. UNKNOWN RIGGS, Defendant.
Honorable Paul L. Maloney
ORDER
This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. On January 2, 2013, the Court entered a second order of deficiency (docket #7) because Plaintiff had failed to pay the $350.00 civil action filing fee or to file the certified copy of a prisoner trust account statement and an affidavit of indigence as required by 28 U.S.C. § 1915(a)(2) to apply to proceed in forma pauperis. The Court allowed 28 days for Plaintiff to comply. Plaintiff was warned that if he failed to comply, the Court would presume that he was not proceeding in forma pauperis, assess the entire filing fee, and dismiss his case for want of prosecution.
More than 28 days have elapsed. Plaintiff failed to pay the $350.00 civil action filing fee or to submit all of the requisite documents to apply to proceed in forma pauperis. While Plaintiff filed an affidavit of indigence (docket #6) and a trust account statement (docket #9), he did not fully comply with the second deficiency order. Plaintiff was supposed to file a certified trust account statement for the six months preceding the filing of his complaint on October 29, 2012. See 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114 F.3d 601, 609 (6th Cir. 1997). Instead, Plaintiff filed a non-certified trust account statement for the period of October 1, 2012 to December 31, 2012. Because Plaintiff has failed to comply with the Court's order, the Court will issue a judgment dismissing the case without prejudice for lack of prosecution. See In re Alea, 286 F.3d 378, 380-81 (6th Cir. 2002); McGore, 114 F.3d at 604.
On October 29, 2012 and November 21, 2012, Plaintiff also filed two motions for joinder (docket ##2, 4), in which he seeks to join the instant action with two other pending actions, Sango v. Dennis et al., 1:12-cv-332 (W.D. Mich.), and Sango v. Grambau, No. 1:12-cv-1199 (W.D. Mich.). Because this Court is dismissing the instant action without prejudice, Plaintiff's motions for joinder (docket ##2, 4) will be DENIED as moot.
IT IS SO ORDERED.
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Paul L. Maloney
Chief United States District Judge