Davis v. Messer et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:24-cv-00233-MR
Jaquan M. Davis, )
1612081 )
Plaintiff, )
)
Vs. ) ORDER TO CURE DEFICIENCY
)
)
FNU Messer et al, )
)
Defendant(s). )
The Court has received the complaint in the above-captioned action. The case is deficient.
To correct this deficiency, you must either pay the filing fee of $405, OR file an
Application to Proceed Without Prepayment of Fees (form enclosed).
THE FAILURE TO COMPLY WITH THE FOREGOING WITHIN TWENTY-
ONE (21) DAYS WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT
FURTHER NOTICE.
If you file an Application to Proceed Without Prepayment of Fees, the Court will require
your institution to submit a certified copy (or institutional equivalent) of your trust fund account
statement for the six-month period immediately preceding the filing of the complaint in accordance
with 28 U.S.C. §1915(a)(2).
If the Court concludes that you have adequate funds to pay the filing fee, the Application
to Proceed Without Prepayment of Fees will be denied, and the full filing fee of $405 will be
deducted from your prisoner trust fund account. If the Court concludes that you have inadequate
funds to prepay the filing fee, the Application to Proceed Without Prepayment of Fees will be
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granted and you will be required to pay a $350.00 fee in installments. See 28 U.S.C. §§ 1914,
1915; Standing Order of Instructions, 3:19-mc-54-MR.
THEREFORE, IT IS HEREBY ORDERED that that the Plaintiff shall timely correct
the deficiency identified in this Order. The failure to do so will result in the dismissal of this action
without further notice.
The Clerk is respectfully directed to mail a copy of this order and blank IFP Application
form to the Plaintiff.
Signed: September 10, 2024
Case 1:24-cv-00233-MR Document 2 Filed 09/10/24 Page 2 of 2