Opinion
Case Number 13-11027
04-17-2013
ELVIS JONES, Plaintiff, v. TEXAS ATTORNEY GENERAL OFFICE, TEXAS — US MULTIPLE COURTS, MAGISTRATE EARL S. HINES, and COURTS ELECTRONIC FILING FAKE SYSTEM, Defendants.
Honorable David M. Lawson
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE
Texas prisoner Elvis Jones has filed a pro se civil rights complaint with this Court pursuant to 42 U.S.C. § 1983. The plaintiff's complaint is rambling and difficult to read, but he appears to be suing Texas state and prison officials for various alleged improper actions. At the time he filed his complaint, the plaintiff did not pay the required $350.00 filing fee or submit a proper application to proceed without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). Consequently, on March 13, 2013, the Court issued a deficiency order requiring the plaintiff to either pay the filing fee or submit a properly completed application to proceed without prepayment of the fee within 30 days of the order. The Court's order stated that if the plaintiff did not submit the fee or the application within that time, his case would be dismissed. The deadline imposed by the Court has passed, and the petitioner has submitted neither the filing fee or an application to proceed without prepayment. The Court, therefore, will dismiss the plaintiff's complaint without prejudice.
Accordingly, it is ORDERED that the petitioner's complaint is DISMISSED WITHOUT
PREJUDICE.
___________
DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on April 17, 2013.
___________
DEBORAH R. TOFIL