Frazier v. Department of the Treasury
| Kelvin Frazier |
| Department of the Treasury |
| Prisoner Litigation Unit |
| 1:2023cv00009 |
| January 27, 2023 |
| US District Court for the District of Utah |
| Bruce S Jenkins |
| Daphne A Oberg |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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Filing 10
**SEALED DOCUMENT** ORDER denying #8 Motion for Leave to Proceed in forma pauperis. ; denying #1 Motion for Leave to Proceed in forma pauperis. (2) Plaintiffs action will be administratively closed without further notice unless the entire $350 filing fee is paid within thirty days. Signed by Judge Bruce S. Jenkins on 02/23/2023. (kpf) Modified to change from sealed to non sealed and to add text on 2/24/2023 (kpf).
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Filing 9
*** Prisoner Trust Fund Account Statement for Kelvin Frazier received from Correctional Institution (ks)
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Filing 8
**SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Assigned to Magistrate Judge Daphne A Oberg for review, case file forwarded to PLU. (Received by the court on: 2/22/2023) filed by Plaintiff Kelvin Frazier. (Attachments: #1 Envelope)(ks)
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Filing 7
Pursuant to General Order 21-003, case is no longer eligible for magistrate assignment and is randomly assigned to Judge Bruce S. Jenkins. Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. (alf)
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Filing 6
ORDER Plaintiff Kelvin Frazier, an inmate appearing pro se, submits a civil case. He applies to proceed without prepaying the filing fee.1 However, Mr. Frazier has not as required by statute submitted (1) a proper form affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor; and (2) a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint... obtained from the appropriate official of each prison at which the prisoner is or was confined.2 Instead, the in forma pauperis application and affidavit Mr. Frazier provided was not signed, and the inmate-account statement was not certified and did not cover the six-month period immediately preceding the date the complaint was submitted on January 27, 2023.3 IT IS HEREBY ORDERED that Mr. Frazier shall within thirty days file with the court the completed and signed required affidavit (titled, Application to Proceed in District Court Without Prepaying Fees or Costs, sent by the Clerks Office with this order) and a certified copy of Mr. Fraziers inmate trust fund account statement(s). If Mr. Frazier was held at more than one institution during the past six months, Mr. Frazier shall file certified trust fund account statements (or institutional equivalent) from the appropriate official at each institution where Mr. Frazier was confined. The certified trust fund account statement(s) must show deposits and average balances for each month. If Mr. Frazier does not fully comply, his complaint will be dismissed. Signed by Magistrate Judge Daphne A. Oberg on 2/1/2023. (Attachments: #1 IFP for Incarcerated)(ks)
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Filing 4
NOTICE to Pro Se Plaintiff - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope. Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Kelvin Frazier. Form due by 2/21/2023. (alf)
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Filing 3
DOCUMENTS LODGED consisting of complaint. motion counsel, civil cover sheet and envelope. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (Attachments: #1 Motion Appointment of Counsel, #2 Civil Cover Sheet, #3 Envelope)(haa)
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Filing 2
*** Prisoner Trust Fund Account Statement for Kelvin Frazier received from Correctional Institution (haa)
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Filing 1
**SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. No signature on IFP form. Assigned to Magistrate Judge Daphne A. Oberg for review, case file forwarded to PLU. (Received by the court on: 01/27/2023) filed by Plaintiff Kelvin Frazier. (haa) Modified on 1/27/2023 (haa).
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