Lam v. Finn et al, No. 4:2022cv01036 - Document 2 (E.D. Mo. 2022)

Court Description: OPINION, MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Clerk is directed to send Plaintiff a blank 'Application to Proceed in District Court without Prepaying Fees or Costs' form. IT IS FURTHER ORDERED that Plaintif f must either pay the $402 filing fee or submit a motion to proceed without prepaying fees or costs within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that, if Plaintiff files a motion seeking leave to commence this acti on without prepaying fees or costs, he must also submit a certified copy of his prison account statement for the six-month period immediately preceding the filing of the complaint. IT IS FINALLY ORDERED that if Plaintiff fails to comply with this O rder, the Court will dismiss this action without prejudice. Response to Court due by 11/4/2022. Signed by District Judge Henry Edward Autrey on 10/5/2022. (Attachments: # 1 Attachment Application to Proceed Without Prepaying Fees or Costs)(HMA)

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Lam v. Finn et al Doc. 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JAMES LAM, III, Plaintiff, v. RALPH E. FINN, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:22CV1036 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court upon its own motion. Self-represented Plaintiff James Lam’s 42 U.S.C. § 1983 civil rights complaint for money damages was received by the Court for filing on September 22, 2022. 1 ECF No. 1. However, Plaintiff neither paid the Court filing fee nor filed a motion to proceed without prepayment of fees or costs. The Court will therefore order him to do one or the other. If Plaintiff files a motion seeking leave to commence this action without prepaying fees or costs, he must also file a certified copy of his prison account statement for the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). Plaintiff’s failure to timely pay the filing fee or file a motion seeking leave to commence this action without payment of fees or costs may result in the dismissal of this case, without prejudice and without further notice. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to send Plaintiff a blank ‘Application to Proceed in District Court without Prepaying Fees or Costs’ form. To the extent that Plaintiff intended this filing to be an amended complaint for Lam v. Finn, No. 1:19-cv-111-JAR (E.D. Mo. dismissed Dec. 9. 2019), the Court in that matter denied Plaintiff’s motion to reopen the case and file an amended complaint on September 20, 2022. See id. at ECF No. 23. 1 Dockets.Justia.com IT IS FURTHER ORDERED that Plaintiff must either pay the $402 filing fee or submit a motion to proceed without prepaying fees or costs within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that, if Plaintiff files a motion seeking leave to commence this action without prepaying fees or costs, he must also submit a certified copy of his prison account statement for the six-month period immediately preceding the filing of the complaint. IT IS FINALLY ORDERED that if Plaintiff fails to comply with this Order, the Court will dismiss this action without prejudice. Dated this 5th day of October, 2022. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2

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