Opinion
Civil Action 22-102J
06-30-2022
DAVON SMITH, Plaintiff, v. BARRY SMITH, et al., Defendants.
The Court's previous Order dated June 29, 2022, contained a typo in the amount of the filing fee.
Lisa Pupo Lenihan United States Magistrate Judge
Plaintiff has submitted a Motion to Proceed in forma pauperis (ECF No. 1) along with a prisoner civil rights complaint. When submitting a Motion to Proceed in forma pauperis, the plaintiff is required to submit “an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). In addition to the aforementioned affidavit, the plaintiff is further required to “submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the petition or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2).
Plaintiff has failed to submit a copy of his institutional account statement, certified or otherwise. Because Plaintiff has failed to comply with the statutory prerequisites for proceeding in forma pauperis, the motion will be denied and the case closed. Plaintiff may file another motion to proceed in forma pauperis with the inmate account statement. If the resubmitted motion is granted, the case will be re-opened. Plaintiff may also re-open the case by paying the $402.00 filing fee. Therefore, IT IS HEREBY ORDERED this 29th day of June, 2022, that Plaintiff's Motion to Proceed in forma pauperis (ECF No. 1) is DENIED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to mail to Plaintiff the necessary forms for leave to proceed in forma pauperis along with this Order and to mark this case CLOSED.