Opinion
Case No. 08-12374.
September 2, 2008
This is a civil rights action filed under 42 U.S.C. § 1983 by multiple plaintiffs who are in the custody of the Michigan Department of Corrections. (Dkt. 1). At the time they filed the petition, plaintiffs did not pay the filing fee nor did they file individual applications to proceed in forma pauperis as required by 28 U.S.C. § 1915(a). On June 19, 2008, pursuant to 28 U.S.C. § 1915(a), District Judge Robert H. Cleland issued an Order allowing 30 days for each plaintiff to file a motion to proceed in forma pauperis, affidavit of indigence, and a certified copy of the prisoner's trust fund account statement for the preceding six months. (Dkt. 4) (June 19, 2008 Order). On August 6, 2008, Judge Cleland issued an Order dismissing certain plaintiffs for failing to comply with the June 19, 2008 Order and granting in forma pauperis status to the plaintiffs who complied with the June 19, 2008 Order. (Dkt. 36). This case was referred, for all pre-trial matters, to the undersigned Magistrate Judge on August 14, 2008. (Dkt. 40).
Plaintiff Gordon filed a letter dated August 13, 2008, in which he states that he submitted the required motion to proceed in forma pauperis and supporting documents to prison officials for mailing on July 7, 2008, but that he was not granted in forma pauperis status in Judge Cleland's August 6, 2008 Order. (Dkt. 61). The Court has no record of having received plaintiff Gordon's motion to proceed in forma pauperis or the supporting documents. The Court finds plaintiff Gordon's detailed account of completing the motion to proceed in forma pauperis, obtaining the necessary supporting documents, and submitting the package to a prison official for mailing, to be credible. However, because the motion was never received and docketed by the Court, the Court may not rule on the motion. Therefore, the Court will grant plaintiff Gordon an additional 30 days to submit the required materials.
Accordingly, the time for plaintiff Gordon to submit a motion for in forma pauperis status, affidavit of indigence, and a certified copy of his trust fund account statement for the preceding six months is enlarged by 30 days. Plaintiff Gordon must submit these materials within 30 days from the date of this Order.
IT IS SO ORDERED.
The parties to this action may object to and seek review of this Order, but are required to file any objections within 10 days of service as provided for in 28 U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not thereafter assign as error any defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). Any objections are required to specify the part of the Order to which the party objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2), any objections must be served on this Magistrate Judge.