Jeremiah Young v. Barbara P. Gorman, et al.

Summary

The United States District Court for the Southern District of Ohio issued a deficiency order in Jeremiah Young’s prisoner civil rights action. The court ordered Young to pay the filing and administrative fees or submit a completed in forma pauperis application and certified six-month prison account statement within 30 days, warning that failure to comply would result in dismissal for want of prosecution.

Holdings

1. A prisoner seeking to bring a civil action without prepayment of fees must submit a completed application and affidavit and a certified copy of the prison trust-fund account statement, or institutional equivalent, for the six-month period preceding the filing of the complaint.
2. The plaintiff must, within thirty days, either pay the required filing and administrative fees or submit a completed in forma pauperis application with the required certificate and certified six-month account statement; failure to comply will result in dismissal for want of prosecution.

Questions Presented

1. Whether a prisoner seeking to proceed in forma pauperis must submit the court's required application and affidavit together with a certified six-month prison trust-account statement under 28 U.S.C. § 1915(a)(2).
2. Whether the plaintiff should be given an opportunity to cure an incomplete in forma pauperis submission before the case is dismissed.

Disposition

other