Opinion
12-CV-0794S
10-19-2012
GARY GILLARD, Plaintiff, v. STEPHEN LASKOWSKI, being sued in his individual and official capacity, Defendants.
DECISION AND ORDER
On August 21, 2012, plaintiff an inmate of the Upstate Correctional Facility, filed a pro se complaint but failed to file an application to proceed in forma pauperis with a Prison Authorization or to submit the $350.00 filing fee. The Court entered an Order directing plaintiff to submit a completed application to proceed in forma pauperis that included both a signed prison certification section and a Prison Authorization as required by 28 U.S.C. § 1915(a)(2)-(b)(1)(-(4). (Docket No. 2.) On September 18, 2012, plaintiff advised the Court of his transfer to the Attica Correctional Facility and a remark was noted on the docket report. On September 25, 2012, plaintiff filed an application to proceed in forma pauperis with a completed prison certification section but it did not include a Prison Authorization as required (Docket No. 3), and without which this action cannot proceed. The Court's initial Order had advised plaintiff that the Court needed an application to proceed in forma pauperis with a completed prison certification section and a Prison Authorization and if plaintiff did not submit them to the Court by October 11, 2012, this action would be dismissed without prejudice.
Upon receipt of the application to proceed in forma pauperis, the Clerk's Office forwarded to plaintiff another copy of the Court's Order with a Prison Authorization Form. This mailing however was returned to the Clerk's Office with notations on the envelope that plaintiff had refused the mailing on two occasions, October 5 and 9, 2012.
Accordingly, because plaintiff has failed to file a Prison Authorization as required, this action is dismissed without prejudice.
IT IS SO ORDERED.
________________
HONORABLE RICHARD J. ARCARA
DISTRICT JUDGE
UNITED STATES DISTRICT COURT