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Cunningham v. Pierce

United States District Court, Sixth Circuit

August 27, 2013

LARON N. CUNNINGHAM, Plaintiff,
v.
B. D. PIERCE, et al., Defendants.

ORDER

SHARON L. OVINGTON, Chief Magistrate Judge.

On June 27, 2013, pro se Plaintiff Laron Cunningham filed a handwritten Complaint and "Motion to waive filing fees." In his motion, Plaintiff informed the Court that he is "currently incarcerated... cannot pay the filing fee and cost, " and requested the Court "waive all fees and cost concerning the above stated lawsuit." (Doc. #1). Thus, Plaintiff, a prisoner, has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) in connection with a civil suit. (Doc. #1).

In accordance with section 804(a)(3) of the Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321, amending 28 U.S.C. § 1915, Plaintiff must pay an initial partial filing fee of 20 percent of the greater of the average monthly deposits to his prison account or the average monthly balance in his account for the six-month period immediately preceding the filing of the complaint. After payment of the initial partial filing fee, Plaintiff is further required to make monthly payments of 20 percent of the preceding month's income credited to his prison account until he pays the full amount of the filing fee. Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321, 804(a)(3).

On June 28, 2013, Plaintiff was mailed a copy of the forms that must be completed in order for this Court to evaluate his motion to proceed in forma pauperis. Plaintiff did not return the paperwork, and as a result, the Court issued a Report and Recommendations on August 12, 2013, recommending that Plaintiff's Motion for Leave to Proceed in forma pauperis be denied and this case be terminated on the docket of this Court. (Doc. #2).

On August 20, 2013, Plaintiff filed timely objections to the Report and Recommendations. (Doc. #3). In his objections, Plaintiff claims that he never received a copy of the forms the Court mailed to him on June 28, 2013. Plaintiff claims the Report and Recommendations, received by him on August 16, 2013, "is the first piece of mail I have received in regards to this matter...." (Doc. # 3).

Providing Plaintiff with the benefit of the doubt, the Court will again mail the required paperwork to Plaintiff for his completion. Plaintiff shall thereafter return the necessary documents on or before September 13, 2013. If Plaintiff does not timely return the completed forms, the Court will be unable to evaluate his request for in forma pauperis status and may deny his motion and terminate this case.

IT IS THEREFORE ORDERED THAT:

1. The Report and Recommendations (Doc. #2) docketed on August 12, 2013 is WITHDRAWN;
2. The Clerk of Court is directed to mail a copy of the Motion to Proceed In Forma Pauperis for ...

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