Daniel Johnson Willis v. Jones County Public Schools

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1923
DANIEL JOHNSON WILLIS,
Plaintiff - Appellant,
v.
JONES COUNTY PUBLIC SCHOOLS; THE TOWN OF TRENTON; DARLENE
SPIVEY, Mayor; TRENTON TOWN ALDERMEN; JONES COUNTY BOARD
OF COMMISSIONERS, Altogether, while in conspiracy, and/or their successors;
FRANKIE HOWARD, Manager,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Greenville. James C. Dever III, District Judge. (4:22-mc-00001-D)
Submitted: December 15, 2022 Decided: December 19, 2022
Before GREGORY, Chief Judge, and WILKINSON and DIAZ, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Daniel Johnson Willis, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Daniel Johnson Willis appeals the district court’s order denying his motion for leave
to file a civil complaint. The district court denied the motion because Willis had failed to
comply with its earlier order to (1) either file an application to proceed without prepayment
of fees or pay $49, and (2) submit additional paperwork. The earlier order directed Willis
to complete those actions within 14 days from the filing of the order and was signed
August 10, 2022, but was not filed until August 12, 2022. On August 23, 2022, only 11
days after the earlier order was filed, the district court denied Willis’ motion for leave to
file his civil complaint because he had failed to fully comply. At the time of the entry of
the August 23 denial order, Willis had submitted all of the required paperwork save for the
application to proceed without prepayment of fees.* Willis also had not paid the $49 filing
fee.
Because the district court prematurely denied Willis’ motion for leave to file his
civil complaint, we vacate the district court’s August 23, 2022, order and remand so that
the district court can provide Willis another opportunity to correct any remaining
deficiencies that it identifies. We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before this court and argument would
not aid the decisional process.
VACATED AND REMANDED
* We express no view as to whether Willis properly completed that paperwork.

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