MONDAY v. MORGAN COUNTY et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TRIMAINE GI’VON MONDAY, 	:
:
Plaintiff, 	:
:
v. 	:
: 	Case No. 5:25-cv-523-MTT-CHW
MORGAN COUNTY, et al., 	:
:
Defendants. 	:
________________________________ 	:
ORDER
Pro se Plaintiff Trimaine Gi’von Monday has filed a pleading that has been
construed as a Complaint seeking relief pursuant to 42 U.S.C. § 1983 (ECF No. 1). 	For
the following reasons, Plaintiff will be required to submit a non-prisoner in forma pauperis
motion and recast his Complaint on the Court’s standard form if he wishes to proceed with
this action. 	In addition, Plaintiff’s objection to the order referring this case to the
undersigned magistrate judge (ECF No. 4) may be terminated as moot.
I. 	Motion to Proceed in Forma Pauperis
As an initial matter, Plaintiff has not paid the required filing fee in this case or filed
a motion for leave to proceed in forma pauperis (“IFP”), that is, without paying the required
filing fee. Plaintiff, however, has submitted post office receipts that appear to be for $5.00
money orders paid to this Court and to the Eleventh Circuit Court of Appeals. ECF No. 3-
1 at 1. The receipt for the $5.00 paid to this Court is dated November 24, 2025. Id. The
Court has not received any payment from Plaintiff, however, and an online search of the
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United States Post Office’s money order status page shows that this money order “has been
sold, 	but 	not 	cashed.” 	See 	https://tools.usps.com/money-orders.htm?msockid=
38b7189a285264142df40b5829006500 	[https://perma.cc/7K82-85JF] 	(searched 	Serial
Number “55022113232,” Post Office Number “306500,” Issued Amount “5”) (last visited
Jan. 26, 2026). Plaintiff must therefore either submit the $405.00 filing fee in this case in
full or submit a motion for leave to proceed in forma pauperis within FOURTEEN (14)
DAYS of the date of this Order. Because it appears Plaintiff is not presently incarcerated,
the Clerk is DIRECTED to mail Petitioner a copy of the non-prisoner motion for leave to
proceed in forma pauperis, marked with the case number for this case, that Petitioner
should use to comply.
II. 	Order to Recast Complaint
Plaintiff is also ORDERED to recast his Complaint on the Court’s standard form
within FOURTEEN (14) DAYS of the date of this Order. 	The recast complaint must
contain a caption that clearly identifies, by name, each individual that Plaintiff has a claim
against and wishes to include as a defendant in this action. 	Plaintiff is to name only the
individuals associated with the claim or related claims that he is pursuing in this action.
Plaintiff must then tell the Court exactly how that individual violated his constitutional or
federal statutory rights, including (1) what each defendant did (or did not do) to violate his
rights; (2) when and where each action occurred; and (3) how Plaintiff was injured as a
result of each defendant’s actions. Plaintiff must complete the entire complaint form.
Plaintiff’s recast complaint shall take the place of and supersede all allegations
made in the original pleading (ECF No. 1). 	The Court will only consider the factual
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allegations and claims contained in Plaintiff’s recast complaint on the enclosed § 1983
form. 	Thus, any fact Plaintiff deems necessary to his lawsuit should be clearly stated in
his recast complaint, even if Plaintiff has previously alleged it in another filing. As stated
above, Plaintiff must name each defendant he wishes to sue and if Plaintiff fails to link a
named defendant to a claim, the claim will be dismissed. 	The Clerk is DIRECTED to
send Plaintiff a copy of the Court’s standard § 1983 form, marked with the case number
for this case, that the Plaintiff should use to submit his recast complaint.
III. 	Objections to Non-Dispositive Order
Plaintiff has also filed a “Notice of Non-Consent pursuant to 28 U.S.C. § 636(c)(1)
and Fed. R. Civ. P. 73(b).” ECF No. 4 at 1. This notice was docketed as an objection to
the Court’s December 3, 2025 order of referral (ECF No. 2). 	The order of referral
designates the undersigned magistrate judge (1) “to hear and determine all pretrial matters
pending before the court, except for dispositive motions” and (2) issue a report and
recommendation to the district judge on any dispositive matters pursuant to 28 U.S.C. §
636(b)(1)(A). 	ECF No. 2 at 1. 	A district judge’s referral to a magistrate judge under §
636(b)(1)(A) does not require the parties’ consent. 	If the parties consent, however, a
magistrate judge “may conduct any or all proceedings in a jury or nonjury civil matter and
order the entry of judgment in the case[.]” 28 U.S.C. § 636(c)(1).
A review of Plaintiff’s submission reveals that Plaintiff is only withholding his
consent to have a magistrate judge enter any final orders or judgment, conduct any trial
proceedings, or make any dispositive rulings, pursuant to 28 U.S.C. § 636(c)(1). ECF No.
4 at 1. He “does not object to the Magistrate Judge performing duties authorized under 28
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U.S.C. § 636(b), including . . . [h]andling nondispositive pretrial matters” and “[i]ssuing
Reports and Recommendations.” Id. at 2. Thus, Plaintiff’s “objection” essentially restates
the order of referral, and it is entirely consistent with that order and 28 U.S.C. § 636.
Plaintiff’s “objection” may therefore be terminated as moot.
IV. 	Conclusion
In sum, Plaintiff has FOURTEEN (14) DAYS from the date of this Order to (1)
either pay the Court’s $405.00 filing fee in full or file his non-prisoner in forma pauperis
motion and (2) recast his Complaint on the Court’s standard form. Plaintiff’s “objection”
(ECF No. 4) may be TERMINATED as moot. Plaintiff is further DIRECTED to notify
the Court in writing of any further change in his mailing address. 	If Plaintiff does not
timely and fully comply with this Order, this action will be dismissed. There shall be
no service of process in this case until further order of the Court.
SO ORDERED, this 29th day of January, 2026.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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