Jackson v. Labat
| Leonard B. Jackson, Jr. |
| Fulton Co. Sheriff Labat |
| 1:2022cv04711 |
| November 28, 2022 |
| US District Court for the Northern District of Georgia |
| Justin S Anand |
| Leigh Martin May |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
|---|
| Submission of #3 Order to Magistrate Judge Justin S. Anand. (bnp) |
Filing 3
ORDER: IT IS THEREFORE ORDERED that Plaintiff must submit, within thirty (30) days of the date of this Order, the $402.00 full initial filing and administrative fees, or a properly completed and executed financial affidavit seeking leave to proceed in forma pauperis that includes: (1) a completed certificate signed by an authorized institutional officer regarding the current balance in his inmate account and (2) a certified copy of his inmate trust account balance for the six-month period preceding the filing of the instant action certified by an authorized institutional officer. Plaintiff is cautioned that, even if he is allowed to proceed in forma pauperis,pursuant to 28 U.S.C. 1915(b)(1), he must nevertheless pay the full amount of the $350.00 filing fee from his prisoner account. If, according to his affidavit, sufficient assets are in his account, this Court must assess an initial partial filing fee based on the assets available. In addition, by order of this Court, Plaintiffs custodian would deduct further amounts from his account. Specifically, the balance of the filing fee would be paid on behalf of the Plaintiff from his inmate account, in monthly or other incremental payments in the amount of 20% of the preceding months income credited to the account in each month in which the Plaintiffs account balance exceeds $10.00 until the $350.00 fee is paid in full. Plaintiff will be required to pay the fee regardless of whether he is successful with his suit. If Plaintiff does not want to have funds deducted from his account, he should file a motion voluntarily dismissing this action. IT IS FURTHER ORDERED that, should Plaintiff decide to pursue any such claim(s), he must, within thirty (30) days of the date this Order is entered, file an amended complaint using the form that the Clerk of Court will send him, with the following instructions: (1) draft the amendment on the form provided by the Clerk; (2) clearly caption any amended filing as an amendment to Civil Action No. 1:22-cv-4711-LMM-JSA; (3) add no more than ten pages to the form provided; (4) write on only one side of each page and double spaced; (5) provide the name of each intended defendant; (6) provide only factual allegations concerning specific events in which Plaintiff suffered some injury; (7) clearly identify each defendant responsible for that injury; (8) omit all legal arguments or conclusions; (9) provide information on the administrative relief Plaintiff has pursued, including any grievances filed; (10) provide detailed information on all prisoner civil actions Plaintiff previously filed; and (11) specify the relief he seeks from this Court. Plaintiff is advised that the amended complaint shall supersede and replace his previous pleadings filed in this action. Plaintiff is also advised that failure to pay the fee or submit the required affidavit, and/or submit a complaint that conforms to this Court's instructions in this Order within the specified time period may result in dismissal of this action. The Clerk of the Court is DIRECTED to forward the appropriate financial affidavit and the proper forms for filing a 42 U.S.C. 1983 action to Plaintiff together with a copy of this Order. The Clerk is further DIRECTED to resubmit this action to the undersigned Magistrate Judge at the expiration of the aforementioned time period. Forms sent to party: Affidavit and Authorization & 42:1983 Forms. Signed by Magistrate Judge Justin S. Anand on 12/16/2022. (jra)
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| Clerk's Certificate of Mailing as to Leonard B. Jackson, Jr. re #3 ORDER. (jra) |
| Submission of #2 Affidavit and Authorization for withdrawal from Inmate Account, to Magistrate Judge Justin S. Anand. (ceo) |
| Filing 2 Affidavit and Authorization for withdrawal from Inmate Account by Leonard B. Jackson, Jr. (ceo) |
| Filing 1 COMPLAINT filed by Leonard B. Jackson, Jr. (Attachments: #1 Civil Cover Sheet)(ceo) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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| Plaintiff: Leonard B. Jackson, Jr. | |
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| Defendant: Fulton Co. Sheriff Labat | |
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