Curtis v. Washington County Sheriff's Office

• Court: District Court, S.D. Ohio
• Decided: February 7, 2025
• Docket: 2:25-cv-00091
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AT COLUMBUS

DEVONN CURTIS, : Case No. 2:25-cv-91 : Plaintiff, : District Judge James L. Graham : Magistrate Judge Elizabeth P. Deavers vs. : : WASHINGTON COUNTY SHERIFF’S : OFFICE, et al., : : Defendants. :

DEFICIENCY ORDER

Plaintiff, a prisoner at the Washington County Jail, in Marietta, Ohio, has filed an In Forma Pauperis Affidavit in connection with a civil rights complaint. (Doc. 1). However, Plaintiff’s Affidavit is incomplete and is not made on this Court’s official form. (See Doc. 1). Pursuant to the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915(a)-(h), a prisoner seeking to bring a civil action without prepayment of fees or security therefor must submit a completed application and affidavit to proceed without prepayment of fees and a certified copy of their trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint obtained from the cashier of the prison at which the prisoner is or was confined. 28 U.S.C. § 1915(a)(2). In this case, Plaintiff’s In Forma Pauperis Affidavit is incomplete. Plaintiff has failed to provide the Court with a certified copy of his trust fund account statement as required by the PLRA and has failed to use this Court’s official form and thus has also failed to provide a “Certificate” page (page 8 of the Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form that

is used in this Court) completed and signed by the institutional cashier. Plaintiff is therefore ORDERED to pay $405 ($350 filing fee plus $55 administrative fee) or submit a completed Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form, including a certified copy of his prison trust fund account statement (or institutional equivalent) for the preceding six-

month period and a “Certificate” page (page 8 of the Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form that is used in this Court) completed and signed by the institutional cashier within thirty (30) days of the date of this Order. If Plaintiff fails to comply with this Order, the Court shall dismiss his case for want of prosecution. In re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir. 1997).

If Plaintiff’s case is dismissed for failure to comply with this Order, the case will not be reinstated to the Court’s active docket despite the payment of the filing fee. Id. Should Plaintiff need more time to comply with this Order, he must file a motion for extension of time. The Clerk of Court is DIRECTED to provide Plaintiff with an Application and

Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form at the institution where Plaintiff is currently confined. The Clerk of Court is further DIRECTED to send a copy of this Order to the cashier of the prison at which Plaintiff is confined. Plaintiff is also ORDERED to keep the Court apprised of any changes to his

address during the pendency of this case. IT IS SO ORDERED.

February 7, 2025 s/ Elizabeth A. Preston Deavers Elizabeth A. Preston Deavers United States Magistrate Judge