Opinion
09-CV-6311L.
July 28, 2009
DECISION AND ORDER
Plaintiff was directed by the Court to provide information on which the Court could base its determination of plaintiff's request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff was directed complete the required prison certification section of the application form, which section must be completed and signed by a prison official and without which the Court cannot grant the request and put the case forward. Plaintiff has filed another application to proceed in forma pauperis, which again contains a certification which is has not been completed by prison officials. In addition, despite being provided a new application form by the Clerk of Court with an authorization form authorizing the release of the $350 filing fee necessary to commence this action, plaintiff has again submitted an application authorizing the release of $250.
Because plaintiff has ignored a Court Order, the Court could deny his application to proceed without prepayment of the fee. However, plaintiff will be granted one additional opportunity to properly complete an application to proceed in form pauperis. The Clerk of the Court is directed to send plaintiff one additional form application to proceed as a poor person. By August 26, 2009, plaintiff must either submit the supplemental application form with a completed and signed prison certification or pay the full filing fee of $350.00. Plaintiff is forewarned that failure to comply with this order by either submitting the supplemental application with a signed certification section or paying the filing fee by the designated date will result in the dismissal of this case without prejudice.
If plaintiff has not complied with this order by August 26, 2009, the Clerk of the Court is directed to close this case as dismissed without prejudice without further order.
IT IS SO ORDERED.