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Harlston v. Missouri

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Jan 17, 2012
Case No. 4:11-CV-1986-DDN (E.D. Mo. Jan. 17, 2012)

Opinion

Case No. 4:11-CV-1986-DDN

01-17-2012

MICHAEL HARLSTON, Plaintiff, v. STATE OF MISSOURI, DEPARTMENT OF MENTAL HEALTH, Defendant.


MEMORANDUM AND ORDER

This matter is before the Court upon review of plaintiffs motion for leave to commence this action brought under Title II of the American's with Disabilities Act (ADA), 42 U.S.C. § 12131 et seq., without payment of the required filing fee [Doc. #2]. See 28 U.S.C. § 1915(a).

Plaintiff has submitted a partially-completed financial affidavit CJA Form 23 in support of his application for in forma pauperis status [Doc. #3]. Plaintiff has failed to state (1) if he has any cash on hand or money in a savings or checking account, and if he does, the total amount of said account(s); (2) if he owns any real estate, stocks, bonds, notes, automobiles, or other valuable property, and if he does, the value and description of each; (3) if he has any dependents; and (4) if he has any debts and monthly bills. As such, the Court is unable to determine, at this time, if he is financially unable to pay any portion of the filing fee. See 28 U.S.C. § 1915(a), Local Rule 2.05(A).

In accordance with the foregoing,

IT IS HEREBY ORDERED that plaintiff shall have thirty (30) days from the date of this Order to pay the statutory filing fee of $350.00, or to submit a fully completed CJA Form 23 (financial affidavit).

IT IS FURTHER ORDERED that, upon plaintiffs submission of a fully-completed CJA Form 23, the Clerk shall cause this case to be resubmitted to the undersigned for review under 28 U.S.C. § 1915.

IT IS FURTHER ORDERED that if plaintiff fails to pay the filing fee or to submit a fully-completed CJA Form 23 within thirty days, the case shall be dismissed, without prejudice

__________________________________

UNITED STATES MAGISTRATE JUDGE


Summaries of

Harlston v. Missouri

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION
Jan 17, 2012
Case No. 4:11-CV-1986-DDN (E.D. Mo. Jan. 17, 2012)
Case details for

Harlston v. Missouri

Case Details

Full title:MICHAEL HARLSTON, Plaintiff, v. STATE OF MISSOURI, DEPARTMENT OF MENTAL…

Court:UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

Date published: Jan 17, 2012

Citations

Case No. 4:11-CV-1986-DDN (E.D. Mo. Jan. 17, 2012)