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Commodore Jackson (R-59842 v. Officer Cellular

August 24, 2012

COMMODORE JACKSON (R-59842)
v.
OFFICER CELLULAR, ET AL.



Name of Assigned Judge or Magistrate Judge Amy J. St. Eve Sitting Judge if Other than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

Plaintiff's motion for leave to proceed in forma pauperis [3] is denied without prejudice. The complaint is dismissed without prejudice for failure to state a claim upon which relief can be granted. Plaintiff is given until 9/24/12 to either to file a complete in forma pauperis application in compliance with this order or to pay the $350 filing fee and to submit an amended complaint. The Clerk is directed to send Plaintiff an in forma pauperis application, one copy of the amended civil rights complaint form and instructions for filing, along with a copy of this order. If Plaintiff does not comply with this order, this action will be dismissed.

O [For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff, Commodore Jackson, a prisoner at the Danville Correctional Center, brings this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed a motion for leave to proceed informa pauperis but the motion is incomplete. Plaintiff's trust fund account information is not certified by the trust fund officer and the trust fund account ledger does not include the information for the 6-month period immediately preceding the filing of the complaint

Local Rule 3.3 of this Court requires that persons seeking leave to file in forma pauperis to file both an in forma pauperis petition and a financial affidavit. The in forma pauperis form requires inmates to obtain a certificate stating the amount of money they have on deposit in their trust fund account. The Prison Litigation Reform Act ("PLRA") also requires inmates to provide a certified copy of their trust fund account statement for the 6-month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1). If Plaintiff wants to proceed on his complaint, he must file a new motion for leave to file in forma pauperis on the Court's form andhave an authorized official provide information regarding his trust fund account, including a copy of his trust fund account for the 6-month period immediately preceding the filing of the complaint. Plaintiff must also write the case number in the space provided for it.

The PLRA requires all inmates to pay the full filing fee, even those whose cases are summarily dismissed. The court must assess an initial partial filing fee on all inmates who bring suit in an amount that is 20% of the greater of:

(A) the average monthly deposits in the prisoner's account; or

(B) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint or notice of appeal.

28 U.S.C. § 1915(b)(1).

The Court will authorize prison officials to deduct the initial filing fee payment directly from plaintiff's trust fund

account. Thereafter, correctional authorities having custody of plaintiff will have authority (and are required) to make monthly payments to the court of 20% of the preceding month's income credited to the trust fund account until such time as the full filing fee is paid.

To enable the Court to make the necessary initial assessment of the filing fee, plaintiff must "submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined." 28 U.S.C. ยง 1915(a)(2). If Plaintiff wishes to proceed with this case in forma pauperis he must file an in forma pauperis application on the form required by the rules of this Court together with a certified copy or copies of his trust fund statements reflecting all activity in his accounts in the immediately preceding ...


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