Summary
This final order from the U.S. District Court for the Eastern District of Michigan addresses a pro se inmate plaintiff's failure to properly certify his jail trust account statement required for in forma pauperis status under 28 U.S.C. § 1915(a)(2). The court finds the submitted financial records inadequate because they do not cover the full six-month period preceding the complaint and lack an official certification. Granting the plaintiff an additional thirty days to cure the deficiency, the judge warns that failure to provide a certified statement or pay the filing fee will result in automatic dismissal of the case.
Topics
Practice areas
Questions Presented
- Whether the district court must dismiss a prisoner’s in forma pauperis complaint for failure to provide a certified trust‑fund account statement covering the required six‑month period.
- Whether the district court may extend the time to comply with the filing‑deficiency requirements.
Holdings
- The court must dismiss the complaint unless the inmate provides a certified trust‑fund account statement covering the six‑month period immediately preceding the filing or pays the full filing fee.
- The court may, in its discretion, grant an additional thirty‑day extension to allow the prisoner to correct the deficiency.
Key quotations
“[t]he district court must presume that the prisoner is not a pauper and assess the inmate the full amount of fees.” (605)
“Accordingly, unless Brown chooses to pay the filing fee of $350.00 in full, the Court ORDERS him to provide a financial certificate signed by his custodian or designee and a current computerized trust fund statement of account showing the history of the financial transactions in Brown’s institutional account for the last six months.”
Factual background
Tyrone Brown, a state inmate in the Oakland County Jail, filed a civil‑rights action pro se. The court required him to submit a certified trust‑fund account statement covering the six months preceding the filing or to pay the filing fee. Brown provided a statement that covered only five months and lacked a custodian's signature.
Procedural history
Brown filed a civil‑rights complaint on 29 Oct 2024. The court entered a deficiency order on 22 Nov 2024 requiring a certified six‑month trust‑fund statement or payment of fees. Brown submitted an incomplete statement; the court considered the statutory and case law requirements and issued this final order.