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Daniel v. Ridge

January 23, 2007

BUDDY STEVE DANIEL, PLAINTIFF,
v.
CLYDE DUDLEY RIDGE DEFENDANT.



The opinion of the court was delivered by: Curtis L. Collier Chief United States District Judge

Collier/Carter

ORDER OF DEFICIENCY

The court is in receipt of a pro se civil rights complaint filed by Buddy Steve Daniel ("Daniel") pursuant to 42 U.S.C. § 1983. Daniel has not paid the $350.00 filing fee nor has he filed a complete in forma pauperis application. Daniel is presently incarcerated in the Federal Correctional Institution, in Ashland, Kentucky. Under the Prison Litigation Reform Act, a prisoner who files a complaint in a district court must tender the full filing fee or he must file (1) an application to proceed in forma pauperis without prepayment of fees and (2) a certified copy of his inmate trust account for the previous six-month period. 28 U.S.C. § 1915(a)(2). Daniel failed to submit either the full filing fee or a complete application to proceed in forma pauperis and a certified copy of his inmate trust account for the previous six-month period.

The Clerk is DIRECTED to send an in forma pauperis application and a copy of this order by certified mail to the plaintiff. Daniel shall have thirty (30) days from the date of this order to pay the full filing fee or to complete the in forma pauperis application and submit the necessary documents.

Daniel is hereby NOTIFIED that if he fails to fully comply with this Order within the time required, the Court shall presume that he is not a pauper, shall assess the full amount of fees, and shall order the case dismissed for want of prosecution. If the case is dismissed under these circumstances, Daniel is notified the case will not be reinstated to the district court's docket despite the subsequent payment of the filing fee.

Daniel is further ORDERED to inform the Court, and the defendants or their counsel of record, immediately of any address changes. Failure to provide a correct address to this Court within ten (10) days following any change of address will result in the dismissal of this action.

SO ORDERED.

20070123

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