Opinion
22-cv-74-jdp
02-10-2022
KEVIN O. HARPER, Plaintiff, v. GARY BOUGHTON, et al Defendants.
ORDER
PETER OPPENEER, Magistrate Judge.
Plaintiff Kevin O. Harper has filed a proposed civil complaint and requested leave to proceed without prepaying the filing fee. To evaluate plaintiff's request to proceed without prepayment of the filing fee, I must review a certified copy of plaintiff's inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2).
For this case to proceed, plaintiff must submit the certified trust fund account statement no later than March 3, 2022. If I find that plaintiff is indigent, I will calculate an initial partial payment amount that must be paid before the court can screen the merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the balance of the filing fee in installments.
ORDER IT IS ORDERED that plaintiff Kevin O. Harper may have until March 3, 2022 to submit a trust fund account statement for the period beginning approximately August 10, 2021 and ending approximately February 10, 2022. If, by March 3, 2022, plaintiff fails to respond to this order, I will assume that plaintiff wishes to withdraw this action voluntarily. In that event, the case will be closed without prejudice to plaintiff filing the case at a later date.