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Mayfield v. SCI-Cresson

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


April 14, 2010

KARIM MAYFIELD, PLAINTIFF,
v.
SCI-CRESSON, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Judge Caputo

MEMORANDUM ORDER

Still presently before the Court is Plaintiff Karim Mayfield's Motion for Leave to Proceed in forma pauperis ("IFP") filed on March 2, 2010. (Doc. 13.) As stated in this Court's previous opinion, Plaintiff previously filed a motion to proceed IFP on September 28, 2009. (Doc. 2.) The Clerk of Court issued an administrative order instructing Plaintiff that a proper motion to proceed must contain two items: 1) an application to proceed IFP, and 2) an authorization form permitting the institution where he is held to transmit a certified copy of his trust account balance to this Court. (Doc. 5.) Plaintiff failed to comply with this order, and this case was dismissed on December 15, 2009. (Doc. 10.) On March 2, 2010, Plaintiff filed a proper application to proceed in forma pauperis, satisfying the first requirement. (Doc. 13.) Plaintiff's application failed to include the required authorization form. (Doc. 13.) On March 12, 2010, this Court issued an order requiring Plaintiff to file a proper authorization form within twenty-one (21) days. (Doc. 14.)

On April 5, 2010, Plaintiff filed a response including an authorization form.*fn1 (Doc. 15.)

Plaintiff failed, however, to submit his authorization on the proper form for the Middle District of Pennsylvania. The Clerk of Court is directed to transmit one copy of the proper form to Plaintiff. Plaintiff will be given twenty-one (21) days from the date of this order to submit the necessary authorization on the proper form. This will be Plaintiff's final opportunity to correct his application to proceed in forma pauperis before this action will once again be dismissed. Plaintiff's present submission (Doc. 15) will be stricken for failure to comply with this Court's order (Doc. 14) to file the required authorization form.

NOW, this 14th day of April, 2010, IT IS HEREBY ORDERED that

(1) Plaintiff's Motion for Leave to Proceed in forma pauperis (Doc. 15) is STRICKENfor failure to comply with this Court's Order (Doc. 14.).

(2) The Clerk of the Court shall provide Plaintiff a copy of the Middle District of Pennsylvania's Prisoner Disbursement Authorization form.

(3) Plaintiff will file the required authorization form to proceed in forma pauperis within twenty-one (21) days of the date of this order, or this action will be dismissed.

A. Richard Caputo United States District Judge


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