Killingsworth v. Lima Police Department

Opinion

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION

Jarvis Killingsworth, Case No. 3:23-cv-1372

Plaintiff

v. ORDER

Lima Police Department, et al.,

Defendants

Plaintiff, a state prisoner, filed this civil rights action on July 17, 2023. He sought to proceed in forma pauperis but did not file a complete application to do so. Accordingly, in an order dated September 21, 2023, plaintiff was ordered to complete and submit a complete application, including a certified copy of his prisoner account statement, within 30 days. (See Doc. No. 5). Plaintiff was expressly notified that his case may be dismissed if he did not comply with the order. To date, no complete application to proceed in forma pauperis has been filed in the case. Accordingly, this action is hereby dismissed without prejudice for want of prosecution. See Davis v. United States, 73 Fed. App’x 804, 2003 WL 21956990 (6th Cir. 2003) (affirming dismissal of inmate’s in forma pauperis action where inmate failed to comply with court deficiency order). I further certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith.

So Ordered.

s/ Jeffrey J. Helmick United States District Judge