United States District Court, W.D. Tennessee, Eastern Division
ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER IN
FORMA PAUPERIS AFFIDAVIT AND AN AMENDED COMPLAINT
D. TODD UNITED STATES DISTRICT JUDGE
November 17, 2017, Plaintiff Mark Ford, a resident of
Lexington, Tennessee, filed a pro se complaint on
the form used for commencing an action pursuant to 42 U.S.C.
§ 1983. (ECF No. 1 at 1-2.) The complaint is accompanied
by an application to proceed in forma pauperis. (ECF
law provides that the “clerk of each district court
shall require the parties instituting any civil action, suit
or proceeding in such court, whether by original process,
removal or otherwise, ” to pay the filing fee
prescribed by 28 U.S.C. § 1914(a). To ensure access
to the courts, however, 28 U.S.C. § 1915(a) permits an
indigent plaintiff to avoid payment of the fees by filing an
in forma pauperis affidavit. Under that section, the
Court must conduct a satisfactory inquiry into the
plaintiff's ability to pay the filing fee and prosecute
the lawsuit. A plaintiff seeking in forma
pauperis standing must respond fully to the
questions on the Court's in forma pauperis form
and execute the affidavit in compliance with the
certification requirements contained in 28 U.S.C. §
1746. See, e.g., Reynolds v. Fed. Bureau of
Prisons, 30 F. App'x 574 (6th Cir. 2002).
case, Plaintiff has submitted only the two-page in forma
pauperis affidavit form used by plaintiffs who are
prisoners. However, Plaintiff is not incarcerated; therefore,
the Court will require him to submit the longer, five-page
form used by non-prisoners seeking pauper status.
Accordingly, Plaintiff is ORDERED to submit a non-prisoner
in forma pauperis affidavit within thirty (30) days
after the date of this order. The Clerk is directed to mail
Plaintiff a copy of the non-prisoner affidavit form along
with this order.
se complaints are to be held ‘to less stringent
standards than formal pleadings drafted by lawyers, ' and
should therefore be liberally construed.”
Williams, 631 F.3d at 383 (quoting Martin v.
Overton, 391 F.3d 710, 712 (6th Cir. 2004)). Pro
se litigants, however, are not exempt from the
requirements of the Federal Rules of Civil Procedure.
Wells v. Brown, 891 F.2d 591, 594 (6th Cir. 1989);
see also Brown v. Matauszak, 415 F. App'x 608,
612, 613 (6th Cir. Jan. 31, 2011) (affirming dismissal of
pro se complaint for failure to comply with
“unique pleading requirements” and stating
“a court cannot ‘create a claim which [a
plaintiff] has not spelled out in his pleading'”
(quoting Clark v. Nat'l Travelers Life Ins. Co.,
518 F.2d 1167, 1169 (6th Cir. 1975))); Payne v. Sec'y
of Treas., 73 F. App'x 836, 837 (6th Cir. 2003)
(affirming sua sponte dismissal of complaint
pursuant to Fed.R.Civ.P. 8(a)(2) and stating,
“[n]either this court nor the district court is
required to create Payne's claim for her”); cf.
Pliler v. Ford, 542 U.S. 225, 231 (2004)
(“District judges have no bligation to act as counsel
or paralegal to pro se litigants.”).
case, Plaintiff's form complaint names the State of
Tennessee as the Defendant. (ECF No. 1.) However, page two of
the complaint form is missing. It is that page of the form on
which the factual allegations should be set out and the
specific claims asserted. Without page two, the complaint
consists only of the case caption and a demand for relief
that seeks to “vacate judgment, and be awarded $500,
000.” (Id. at 3). Thus, Plaintiff's
document is presently inadequate to state any claim on which
relief may be granted. Therefore, Plaintiff also is ORDERED
to file an amended/corrected complaint within thirty (30)
days after the date of this order. The text of the amended
complaint must set forth the specific causes of action that
are asserted and allege sufficient facts to support each of
Plaintiff fails to file either a non-prisoner in forma
pauperis affidavit or an amended complaint in a timely
manner, the Court will dismiss the action without further
notice for failure to prosecute, pursuant to Federal Rule of
Civil Procedure 41(b).
is further ORDERED to notify the Court immediately, in
writing, of any change of address. Failure to abide by this
requirement may likewise result in the dismissal of this case
without further notice, for failure to prosecute.
 Section 1914(a) requires a civil
filing fee of $350. The Schedule of Fees set out following
the statute also requires the Clerk to collect an
administrative fee of $50 for filing any civil case. However,
the additional $50 fee does not apply if the plaintiff is
granted leave to proceed in forma pauperis under 28
U.S.C. § 1915.
 The Court notes that the original
complaint, scanned into the Electronic Filing System, is
difficult to read because the ink used to fill out the form
is not very dark. When he files his amended complaint,
Plaintiff should ensure the ...