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Williams v. Ransom

January 23, 2007

DARRELL C. WILLIAMS, PLAINTIFF,
v.
TYRONE RANSOM 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 Darrell C. Williams ("Williams") pursuant to 42 U.S.C. § 1983. Williams has not paid the $350.00 filing fee nor has he filed a complete in forma pauperis application. Williams is presently incarcerated at the Hamilton County Jail, in Chattanooga, Tennessee. 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). Williams 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.*fn1

The Clerk is DIRECTED to send an in forma pauperis application and a copy of this order by certified mail to the plaintiff. Williams 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.

In addition, Williams failed to file a complete § 1983 complaint. Specifically, Williams failed to identify the relief he is seeking and he failed to sign the complaint as required by FED. R. CIV. P. 11(a). The Clerk is DIRECTED to retain a copy of the complaint and return the original complaint to Williams along with the proper form to file a complete 42 U.S.C. § 1983 complaint. Williams shall have thirty (30) days from the date of this order to draft and sign the § 1983complaint and file the complete document. Williams is reminded that he SHALL sign the complaint on page five under penalty of perjury.

Williams 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 Williams is notified the case will not be reinstated to the district court's docket despite the subsequent payment of the filing fee.

Williams 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 ...


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