Opinion
2:04-CV-0229.
April 6, 2005
MEMORANDUM OPINION AND ORDER OF DISMISSAL
Plaintiff MICHAEL DUANE JUSTICE, proceeding pro se and while a prisoner confined in the El Paso Multi-Use Facility Halfway House, has filed suit pursuant to Title 42, United States Code, Section 1983 complaining against the above-named defendants and requesting permission to proceed in forma pauperis.
Within three weeks of the filing of this suit, the Court issued a Notice of Deficiency Order giving plaintiff thirty days to cure various deficiencies by filing an I.F.P. Data Sheet. Plaintiff has utterly failed to comply with the September 16, 2004, Notice of Deficiency Order or to respond in any way.
The financial disclosure plaintiff has made is not sufficient to satisfy the statutory requisites in that he has not submitted a history of his inmate trust fund, which is certified as accurate, for the six-month period prior to filing suit. By his application, plaintiff states the last payment he received from self-employment was on November 10, 2003 for $461.50; however, the existence or absence of deposits does not reveal whether plaintiff retained funds in his inmate trust account during the six months prior to filing suit. Further, the letter from his case manager at the halfway house only states that he has been indigent since July 14, 2004. It does not state what standard was utilized to determine that plaintiff was "indigent" and does not reveal plaintiff's deposits or balances in his account for the necessary time period.
Plaintiff has provided no reason why he could not have a six-month history of his inmate trust account forwarded to the Court and has utterly failed to respond to the Notice of Deficiency Order in any way.
The response period has expired, and plaintiff has failed to comply with the Court's September 16, 2004, Notice of Deficiency Order or provide any reason to excuse this failure.
IT IS THEREFORE ORDERED:
The referral of the instant cause to the United States Magistrate Judge is hereby withdrawn.
This Civil Rights Complaint is DISMISSED WITHOUT PREJUDICE FOR FAILURE TO COMPLY WITH THE COURT'S ORDER.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The Clerk will mail a copy of this Order to the plaintiff and to any attorney of record by first class mail.
IT IS SO ORDERED.