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Daniel v. McDonough

United States District Court, N.D. Florida, Pensacola Division
Apr 30, 2008
CASE NO.: 3:08cv164/MCR/MD (N.D. Fla. Apr. 30, 2008)

Opinion

CASE NO.: 3:08cv164/MCR/MD.

April 30, 2008


ORDER


This cause is before the court upon plaintiff filing a civil rights complaint under 42 U.S.C. § 1983 and a motion to proceed in forma pauperis (doc. 2). The prisoner consent form signed by plaintiff is an outdated version which reflects a filing fee of $250.00. The current filing fee for a civil case is $350.00. Because a prisoner who has been granted leave to proceed in forma pauperis is ultimately responsible for the entire amount, it is important that litigants are aware of the liability they incur by filing suit. Additionally, plaintiff failed to provide the required financial information. The statute requires plaintiff to provide a certified copy of his trust fund account statement for the six-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2). Plaintiff provided a printout of a one-month period. Therefore, if plaintiff wishes to proceed with this case, he shall either pay the $350.00 filing fee in full or submit a current prisoner consent form and financial information.

Accordingly, it is ORDERED:

1. Plaintiff's motion to proceed in forma pauperis (doc. 2) is DEFERRED.

2. The clerk is directed to send plaintiff a current prisoner consent form, which plaintiff shall fill out and file within thirty (30) days. Additionally, plaintiff should update his account information by filing a computer printout of the transactions in his inmate trust account for the six-month period preceding the filing of his complaint, i.e., October 17, 2007 through April 17, 2008.

3. Failure to comply with this order will result in a recommendation that this case be dismissed.

DONE AND ORDERED.


Summaries of

Daniel v. McDonough

United States District Court, N.D. Florida, Pensacola Division
Apr 30, 2008
CASE NO.: 3:08cv164/MCR/MD (N.D. Fla. Apr. 30, 2008)
Case details for

Daniel v. McDonough

Case Details

Full title:JEAN ROGER DANIEL, Plaintiff, v. JAMES McDONOUGH, et al., Defendants

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

Date published: Apr 30, 2008

Citations

CASE NO.: 3:08cv164/MCR/MD (N.D. Fla. Apr. 30, 2008)