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McFarland v. Sumner County Police Department

United States District Court, M.D. Tennessee, Nashville Division
Jan 19, 2011
GENERAL DOCKET No. 3:11-mc-0004 (M.D. Tenn. Jan. 19, 2011)

Opinion

GENERAL DOCKET No. 3:11-mc-0004.

January 19, 2011


ORDER


The Court has before it a pro se prisoner complaint (Docket Entry No. 1). The plaintiff has neglected, however, to either pay the fee required for the filing of the complaint ($350) or submit a properly completed application to proceed in forma pauperis.

The Court further notes that the complaint is handwritten, confusing as to the defendants and the claims against the defendants, and is unsigned. As a consequence, these deficiencies must be cured before the Court can address the merits of the complaint. See Rule 11(a), Fed.R.Civ.P. (an unsigned pleading shall be stricken unless omission of the signature is corrected promptly).

Accordingly, the Clerk is directed to send the plaintiff a blank complaint form along with a blank application to proceed in forma pauperis and a copy of Administrative Order No. 93. The plaintiff is hereby GRANTED thirty (30) days from the date of entry of this order on the docket in which to either pay the civil filing fee of three hundred fifty dollars ($350.00) or submit an application to proceed in forma pauperis along with a certified copy of his inmate trust account statement for the previous six month period. 28 U.S.C. § 1915(a)(2). The plaintiff will complete the complaint, sign it, and return the complaint to the Clerk's Office within the specified thirty day period.

The plaintiff is forewarned that, should he fail to comply with these instructions within the specified period of time, the Court will presume that he is not a pauper, assess the filing fee and order its collection from his inmate trust account, and dismiss the instant action for want of prosecution. McGore v. Wrigglesworth, 114 F.3d 601, 606 (6th Cir. 1997).

It is so ORDERED.


Summaries of

McFarland v. Sumner County Police Department

United States District Court, M.D. Tennessee, Nashville Division
Jan 19, 2011
GENERAL DOCKET No. 3:11-mc-0004 (M.D. Tenn. Jan. 19, 2011)
Case details for

McFarland v. Sumner County Police Department

Case Details

Full title:PHILANDER McFARLAND Plaintiff, v. SUMNER COUNTY POLICE DEPARTMENT, et al…

Court:United States District Court, M.D. Tennessee, Nashville Division

Date published: Jan 19, 2011

Citations

GENERAL DOCKET No. 3:11-mc-0004 (M.D. Tenn. Jan. 19, 2011)

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