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APEL v. WILLIAMS

United States District Court, N.D. Florida, Pensacola Division
May 25, 2007
3:07cv200/MCR/MD (N.D. Fla. May. 25, 2007)

Opinion

3:07cv200/MCR/MD.

May 25, 2007


ORDER


This cause is before the court upon plaintiff filing a civil rights complaint under 42 U.S.C. § 1983 (doc. 1) and a motion to proceed in forma pauperis (doc. 2).

Plaintiff's complaint is deficient because it was not submitted on the appropriate form. Because plaintiff is a prisoner, he must submit his complaint on the form for use by prisoners. The complaint plaintiff filed is on the non-prisoner form. The difference in the forms is not insignificant. Moreover, Local Rule 5.1(J) for the Northern District of Florida states that the court will not accept for consideration a complaint under section 1983 unless the appropriate complaint form is completed. To amend his complaint, plaintiff should completely fill out a new civil rights complaint form, marking it " Amended Complaint." Plaintiff is advised that the amended complaint must contain all of his allegations, and it should not in any way refer to the original complaint. Once an amended complaint is filed, all earlier complaints are disregarded. Local Rule 15.1, Northern District of Florida.

The prisoner complaint form requires the plaintiff to disclose his prior litigation history.

Additionally, plaintiff's motion to proceed in forma pauperis is deficient because no supporting documentation was provided. A complete application to proceed in forma pauperis includes a motion with supporting affidavit and a prisoner consent form and financial certificate with attachments. The court will not process the complaint until all these forms, or the filing fee of $350.00, is submitted.

Accordingly, it is ORDERED:

1. The clerk is directed to send plaintiff a § 1983 complaint form for prisoners, and a prisoner consent form. This case number shall be written on the forms.

2. Within thirty (30) days from the date of this order, plaintiff shall file an amended complaint on the court form as instructed above. In addition, he shall either: (1) correct the deficiency in his in forma pauperis application by filing a fully completed prisoner consent form and financial certificate with attachments ( a printout of the transactions in plaintiff's inmate trust account for the past six months), or (2) pay the full $350.00 filing fee.

4. Failure to respond to this order as instructed will result in a recommendation of dismissal of this action for failure to comply with an order of this court.

DONE AND ORDERED.


Summaries of

APEL v. WILLIAMS

United States District Court, N.D. Florida, Pensacola Division
May 25, 2007
3:07cv200/MCR/MD (N.D. Fla. May. 25, 2007)
Case details for

APEL v. WILLIAMS

Case Details

Full title:SCOTT LARRY APEL, Plaintiff, v. JOYCE WILLIAMS, et al., Defendants

Court:United States District Court, N.D. Florida, Pensacola Division

Date published: May 25, 2007

Citations

3:07cv200/MCR/MD (N.D. Fla. May. 25, 2007)