Opinion
1:23-cv-00287-BAM (PC)
04-12-2023
CLIFFORD POLLARD TURNER, Plaintiff, v. JEWISH, et al., Defendants.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE (ECF NO. 7.) ORDER REQUIRING PLAINTIFF TO FILE COMPLETED APPLICATION TO PROCEED IN FORMA PAUPERIS OR PAY FILING FEE THIRTY (30) DAY DEADLINE
BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE
Plaintiff Clifford Pollard Turner (“Plaintiff') is a Texas state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983.
On February 27, 2023, the Court denied Plaintiff's application to proceed IN FORMA PAUPERIS because it was incomplete. (ECF No. 4.) Plaintiff failed to submit a certified copy of his trust account statement and did not have an authorized officer from his institution complete the certificate portion of the form. Plaintiff was directed to file a completed application, including a certified copy of his trust account statement, or to pay the $402.00 filing fee for this action, within thirty days. (Id.) Plaintiff filed a renewed motion to proceed IN FORMA PAUPERIS on April 3, 2023, (ECF No. 5), and the application was again denied as incomplete, because Plaintiff failed to include a certified copy of his trust account statement for the past six months, (ECF No. 6). Plaintiff was ordered again to file a completed motion to proceed IN FORMA PAUPERIS, including a certified copy of his trust account statement for the past six months, or pay the filing fee for this action, within thirty days. (ECF No. 6.)
On April 11, 2023, Plaintiff filed a renewed motion to proceed IN FORMA PAUPERIS. (ECF No. 7.) Plaintiff has again failed to include a certified copy of his trust account statement for the past six months. (Id.)
The Court will grant Plaintiff a final opportunity to either file a motion to proceed IN FORMA PAUPERIS, including a certified copy of his trust account statement for the past six months, or to pay the filing fee for this action. If Plaintiff files another application to proceed IN FORMA PAUPERIS that does not include a certified copy of his trust account statement for the past six months, he must also include a written explanation of the efforts he has taken to obtain such a statement and why he has been unable to provide one to the Court. If Plaintiff fails to provide a completed application or an explanation for his failure to do so, this action will be dismissed for failure to prosecute and failure to comply with a Court order.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's motion to proceed IN FORMA PAUPERIS, (ECF No. 7), is DENIED without prejudice;
2. The Clerk of the Court is directed to serve this order and a blank in forma pauperis application for a prisoner on Plaintiff;
3. Within thirty (30) days from the date of service of this order, Plaintiff shall file the attached application to proceed IN FORMA PAUPERIS, completed and signed, including a certified copy of his trust account statement for the past six months, or in the alternative, pay the $402.00 filing fee for this action;
4. No extension of time will be granted without a showing of good cause; and
5. The failure to comply with this order will result in dismissal of this action without prejudice.
IT IS SO ORDERED.