BARKER v. FERRER

United States District Court for the Middle District of Georgia

BARKER v. FERRER

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION ANTONIO BARKER, Plaintiff, v. CIVIL ACTION NO. 5:21-cv-00381-TES ALBERTO FERRER, et al., Defendants.

ORDER

Plaintiff Antonio Barker filed a Complaint [Doc. 1] against Defendants Ferrer, Gatlin, Gonzalez, and Davis alleging violations of his Fourth, Eighth, and Fourteenth Amendment rights. As a result, Plaintiff seeks monetary damages pursuant to

42 U.S.C. § 1983

. Plaintiff also brings a state law claim of assault and battery against Defendant Ferrer. However, Plaintiff has neither paid the $402.00 fee for filing a civil action nor moved to proceed in forma pauperis in this case. A Plaintiff seeking to proceed in forma pauperis must submit an affidavit supporting his claim of indigence. See

28 U.S.C. § 1915

(a)(1). “Despite the statute’s use of the phrase ‘prisoner possesses,’ the affidavit requirement applies to all persons requesting leave to proceed [in forma pauperis].” Martinez v. Kristi Kleaners, Inc.,

364 F.3d 1305

, 1306 n.1 (11th Cir. 2004). Accordingly, Petitioner is ORDERED to either pay the filing fee or move to proceed in this action in forma pauperis. Plaintiff shall have 21 days from the date of this

Order to either pay the $402.00 fee or file a proper and complete motion to proceed in forma pauperis. Plaintiff’s failure to fully and timely comply with this Order may result in the dismissal of this action.

SO ORDERED, this 2nd day of November, 2021. S/ Tilman E. Self, III__________________ TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT

Reference

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