Opinion
Civil No. 04-2418 JM (JMA).
September 23, 2005
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS AS MOOT [Doc. No. 6]
Plaintiff, an inmate currently incarcerated at Pleasant Valley State Prison and proceeding pro se, has filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. Plaintiff alleges, that while he was incarcerated at George Bailey Detention Facility, Defendants Padilla, Sanchez and McCay used excessive force against him in violation of his constitutional rights. See Compl. at 5-9. Plaintiff seeks $30 million in general and punitive damages as well as injunctive relief. Id. at 11.
On May 18, 2005, the Court granted Plaintiff's Motion to Proceed In Forma Pauperis ("IFP") pursuant to 28 U.S.C. § 1915(a). See May 18, 2005 Order at 5. The Court also sua sponte dismissed Plaintiff's Complaint for failing to state a claim upon which § 1983 relief could be granted and granted Plaintiff ninety (90) days to file a First Amended Complaint. Id. at 6. Plaintiff later filed another Motion to Proceed IFP but has failed to file a timely First Amended Complaint.
Accordingly, because this Court has already granted IFP status to Plaintiff on May 18, 2005, Plaintiff's current Motion to Proceed IFP is DENIED as moot. Further, this action remains closed due to Plaintiff's failure to file a First Amended Complaint within the time provided by the Court.
II. Conclusion and Order
Good cause appearing, IT IS HEREBY ORDERED that Plaintiff's Motion to Proceed IFP pursuant to 28 U.S.C. § 1915(a) [Doc. No. 6] is DENIED as moot.
IT IS FURTHER ORDERED that this action remain closed due to Plaintiff's failure to file a First Amended Complaint by August 18, 2005.