Summary
This Memorandum and Order from the United States District Court for the Eastern District of Missouri addresses the plaintiff’s application to proceed in district court without prepaying fees or costs. The court denies the application without prejudice because the plaintiff, an incarcerated individual, failed to submit the required certified copy of his prison trust fund account statement as mandated by 28 U.S.C. § 1915(a)(2). The court grants the plaintiff forty-five days to either pay the full $405 filing fee or submit a fully compliant application.
Topics
Practice areas
Questions Presented
- Whether the plaintiff satisfied the statutory requirements of 28 U.S.C. §1915(a) to proceed without prepaying filing fees.
Holdings
- The court denied the plaintiff’s application without prejudice because he failed to submit the required certified account statement.
Key quotations
“The Court will therefore deny Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs without prejudice.” (at 1)
Factual background
Terel Tipton, an inmate at the Southeast Correctional Center, filed a civil complaint and an application to proceed in forma pauperis. The application omitted the required certified copy of his prison account statement.
Procedural history
Plaintiff filed a civil complaint and an application to proceed without prepaying fees; the court denied the application because the required certified account statement was not submitted.
Remand instructions
Plaintiff must pay the $405 filing fee in full or file a fully compliant application, including the certified account statement, within 45 days (by February 27, 2025).