United States District Court, E.D. Tennessee
MEMORANDUM AND ORDER
November 9, 2016, a Deficiency Order was entered in this pro
se prisoner's civil rights case, filed under 42 U.S.C.
§ 1983 [Doc. 4]. In the Deficiency Order, Plaintiff was
notified that, unless within thirty (30) days of that date,
he paid the full filing fee or signed his application to
proceed in forma pauperis and submitted a certified
copy of his inmate trust account statement for the last
six-month period, the Court would dismiss his lawsuit for
failure to prosecute and to comply with the orders of the
court and also would assess the filing fee. That time frame
has passed, and Plaintiff has not responded to the Deficiency
Order or otherwise communicated with the Court.
the Court presumes that Plaintiff is not a pauper and hereby
ASSESSES him the full filing fee of four
hundred dollars ($400.00) as authorized under 28 U.S.C.
§ 1914(a). 28 U.S.C. § 1915(b)(2); McGore v.
Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997)
(instructing that “[i]f the prisoner does not comply
with the district court's directions, the district court
must presume that the prisoner is not a pauper and assess the
inmate the full amount of fees”), overruled on
other grounds by Jones v. Bock, 549 U.S. 199 (2007).
of Plaintiff s failure to comply with the orders of the Court
and to prosecute his case, this lawsuit will be DISMISSED
WITHOUT PREJUDICE. Fed.R.Civ.P. 41(b).
the Court CERTIFIES that any appeal from this action would
not be taken in good faith and would be totally frivolous. 28
U.S.C. § 1915(a)(3); Fed. R. App. P. 24.
SEPARATE JUDGMENT ...