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Turner v. Lucci

United States District Court, N.D. Ohio

August 16, 2019

JOHN LOUIS TURNER, JR., Plaintiff,
v.
JUDGE EUGENE A. LUCCI, Defendant.

          ORDER OF DISMISSAL [RESOLVING DOC. 1]

          JAMES S. GWIN UNITED STATES DISTRICT JUDGE.

         On April 16, 2019, pro se plaintiff John Louis Turner, Jr. filed a complaint against Judge Eugene A. Lucci pursuant to 42 U.S.C. § 1983. The allegations in the complaint concern a criminal matter in Lake County, Ohio.[1] For the reasons that follow, this action is dismissed.

         A. Background

         Turner filed a motion to proceed with this action in forma pauperis.[2] Magistrate Judge Jonathan D. Greenberg determined that the motion was deficient and, on July 8, 2019, ordered Turner to either pay the filing fee or complete and file the financial application attached thereto.[3] The deficiency order provided Turner with 30 days to comply, and expressly warned that “[f]ailure to fully and timely comply with the requirements of this Order may result in dismissal of this action without further notice.”[4]

         On July 8, 2019, a copy of the deficiency order was mailed to Turner at his address of record. There is no indication on the docket that the mailing was returned to the Court as undeliverable. Turner has not responded to the deficiency order.

         B. Law and Analysis

         This case is subject to the provisions of 28 U.S.C. § 1915 regarding prisoner in forma pauperis civil actions.[5] When a prisoner files a civil rights action, he must pay the filing fee. “‘[T]he only issue is whether the inmate pays the entire fee at the initiation of the proceedings or over a period of time under an installment plan. Prisoners are no longer entitled to a waiver of fees and costs.'”[6]

         The deficiency order issued by Magistrate Judge Greenberg required Turner to comply with the statute's requirements in order to proceed with this action without the full prepayment of fees.[7] If a prisoner fails to comply with a court's deficiency order, his case is subject to dismissal.[8]

         When this case was filed, Turner did not pay the filing fee or submit the required statutory documentation to proceed in forma pauperis. Magistrate Judge Greenberg notified Turner of the deficiency, provided him with 30 days to pay the filing fee or correct the deficiency, and warned that failure to comply may result in dismissal of this action without further notice. Turner did not comply with the deficiency order, seek an extension of time to do so, or provide the Court with any explanation as to why he could not comply.

         Accordingly, this case is dismissed without prejudice for want of prosecution for failing to comply with the deficiency order.[9]

         C. Conclusion

         For all the foregoing reasons, this action is dismissed without prejudice. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.

         IT IS ...


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