Holmes v. Alabama, State of
| Henry James Holmes, III |
| Alabama, State of |
| 5:2022cv00922 |
| July 22, 2022 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Staci G Cornelius |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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Filing 5
REPORT AND RECOMMENDATION re #1 Complaint filed by Henry James Holmes, III: The plaintiff, an Alabama state inmate, filed a pro se complaint against the State of Alabama. (Doc. #1 ). On July 26, 2022, the court entered a notice of deficient pleading because the plaintiff's motion for leave to proceed in forma pauperis did not include a certified copy of his prison account statements. (Doc. #4 ). The court ordered the plaintiff to correct this deficiency within 30 calendar days, noting that failure to cure the deficiency could result in dismissal for failure to prosecute. (Id.). More than 30 days have elapsed, and the plaintiff has not submitted prison account statements or paid the filing fee; indeed, the plaintiff has not responded to the court's order. Under these circumstances, the undersigned RECOMMENDS this action be DISMISSED WITHOUT PREJUDICE for failure to prosecute. FED. R. CIV. P. 41(b). Objections to R&R due by 9/24/2022. Signed by Magistrate Judge Staci G Cornelius on 9/9/2022. (LMW)
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Filing 4
ORDER - The plaintiff filed a pro se complaint pursuant to 42 U.S.C. 1983, accompanied by a motion for leave to proceed in forma pauperis. (Doc. #2 ). The application is deficient for the following reason: Although the plaintiff filed an application to proceed in forma pauperis, he did not attach a certified copy of his jail or prison account statements for the last six months. Therefore, it is ORDERED that the application to proceed in forma pauperis is DENIED. (Doc. #2 ). The plaintiff must correct this deficiency within 30 calendar days. Signed by Magistrate Judge Staci G Cornelius on 7/26/2022. (Attachments: #1 IFP form)(KEK)
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Filing 3
CLERK'S NOTICE re: case number. (KEK)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Henry James Holmes, III. (KEK)
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Filing 1
COMPLAINT against Alabama, State of, filed by Henry James Holmes, III.(KEK)
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| Plaintiff: Henry James Holmes, III | |
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| Defendant: Alabama, State of | |
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