Opinion
Case No. 12-12542
08-07-2012
DARREN JOHNSON, Plaintiff, v. HELEN BRINKMAN, et al, Defendants.
Hon. Lawrence P. Zatkoff
OPINION AND ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE
This is a civil rights complaint filed under 42 U.S.C. § 1983. Plaintiff Darren Johnson, who is incarcerated in a Michigan prison, filed his pro se complaint, asserting that he was wrongfully prosecuted and convicted by the defendants.
On June 25, 2012, the Court issued two Orders to Correct Deficiency, because Plaintiff failed to submit the $350.00 filing fee or an Application to Proceed In Forma Pauperis, and he failed to file sufficient copies of his complaint. The Court required Plaintiff to correct the deficiencies by July 25, 2012, and cautioned that if he failed to do so, then the Complaint would be subject to dismissal for want of prosecution.
Under the Prison Litigation Reform Act ("PLRA"), if a prisoner wishes to proceed without prepayment of the filing fee, the prisoner must file a certified trust account statement and an affidavit of indigence with an authorization to withdraw funds from his prison account as they become available. 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997).
Plaintiff has not paid the required $350.00 filing fee for this civil action nor has he submitted a proper Application to Proceed In Forma Pauperis. Plaintiff has also failed to file sufficient copies of the complaint for service. The time for correcting the deficiencies has elapsed.
Accordingly, IT IS ORDERED that Plaintiff's "Complaint" [dkt. # 1] is DISMISSED WITHOUT PREJUDICE for want of prosecution.
_________________
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Order was served upon the attorneys of record by electronic or U.S. mail on August 7, 2012.
Marie E. Verlinde
Case Manager
(810) 984-3290