Opinion
Civil Action 4:24-CV-00004-DMB-RP
01-12-2024
DAWONE WASHINGTON, PLAINTIFF v. WARDEN ROJAS, et al., DEFENDANTS
ORDER
ROY PERCY, UNITED STATES MAGISTRATE JUDGE
Plaintiff Dawone Washington, proceeding pro se, filed the instant action challenging the conditions of his confinement pursuant to 42 U.S.C. § 1983. Pending before the Court is Plaintiff's motion to proceed in forma pauperis (“IFP”) in this action. Upon due consideration, the Court finds that Plaintiff's application for leave to proceed IFP is incomplete.
Under 28 U.S.C. § 1915(a)(2), the plaintiff must “submit a certified copy of the trust fund account statement [] for the prisoner for the 6-month period immediately preceding the filing of the complaint ....” In moving to proceed IFP, Plaintiff submitted an application in which he states that he is not employed, does not receive any income, and does not own any property. Plaintiff, however, failed to submit a completed certified copy of his inmate account. To clarify, Plaintiff submitted a certificate of his inmate account in which he wrote in a few blanks himself, but it was neither complete (in which all blanks/questions were answered) nor was it signed by an officer of the appropriate correctional institution. Thus, his application does not comply with the statute's requirements.
Accordingly, Plaintiff is directed to submit a certified copy of his inmate account information “for the 6-month period immediately preceding the filing of [his] complaint” within twenty-one (21) days from the date of this order or, in the alternative, pay the filing fee for this action. Plaintiff's failure to do so will result in dismissal of this action.
SO ORDERED.