Spencer v. General Motors

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
BARRY SPENCER, JR.,
Plaintiff,
v.
GENERAL MOTORS,
Defendant.
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Civil Action No. 26-cv-13431-LTS
ORDER
October 13, 2026
SOROKIN, D.J.
Pro se plaintiff Barry Spencer, Jr., who is confined at the Suffolk County House of
Correction (“SCHC”), has filed a civil complaint against General Motors, alleging that the
company breached a settlement agreement between the two parties.
On July 28, 2026, the Court issued an order directing Spencer to pay the $450 filing fee
or file a motion for leave to proceed in forma pauperis with the six-month prison account
statement required by 28 U.S.C. § 1915(a)(2). On August 10, 2026, Spencer filed an in forma
pauperis motion and a statement in which he reports that he is having difficulty obtaining an
account statement from the prison treasurer.
Accordingly, the Court hereby orders:
1. 	The deadline to submit a prison account statement is extended to twenty-eight
(28) days from the date of this order.
2. 	The Clerk shall send a copy of this order to the Treasurer of the SCHC. The
Court requests the Treasurer to prepare a copy of Spencer’s trust fund account statement (or
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institutional equivalent) covering the six months prior to Spencer’s commencement of this action
on July 28, 2026.
3. 	The Court requests that the Treasurer promptly provide a copy of this statement to
Spencer. If the Treasurer prefers, it may be mailed directly to the Court with a copy of this
Order.
4. 	Spencer is responsible for obtaining an account statement from any other
correctional institution in which he was confined in the six-month period preceding the
commencement of this action.
5. 	The Court reminds Spencer that, even if he is allowed to proceed in forma
pauperis (that is, without prepayment of the filing fee), the $350 statutory filing fee cannot be
waived. Rather, Spencer will remain responsible for paying the $350 statutory filing fee over
time, regardless of the outcome or the duration of this lawsuit. See 28 U.S.C. § 1915(b). If
Spencer does not want to assume this financial responsibility, he shall notify the Court
immediately by filing a notice of voluntary dismissal.
6. 	The motions for service by the United States Marshals Service (Docket Nos. 2, 7)
are DENIED without prejudice. If the Court later allows Spencer to proceed in forma pauperis
and orders that a summons issue, the Court will also allow Spencer to ask the USMS to complete
service with all costs to be advanced by the United States. See Fed. R. Civ. P. 4(c)(3).
SO ORDERED.
/s/ Leo T. Sorokin
UNITED STATES DISTRICT JUDGE
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