Culpepper v. Kemp

United States District Court for the Southern District of Georgia

Culpepper v. Kemp

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION

MARQUEL R. CULPEPPER, ) ) Plaintiff, ) ) v. ) CV 323-017 ) BRIAN P. KEMP; TIMOTHY C. WARD; ) VICTORIA DARRISAW; WARDEN ) WHITE; and TYRONE OLIVER, ) ) Defendants. ) _________

O R D E R _________

On February 16, 2023, the Court granted Plaintiff, an inmate at Telfair State Prison in Helena, Georgia, permission to proceed in forma pauperis (“IFP”) conditioned on his return of a Prisoner Trust Fund Account Statement and Consent to Collection of Fees form. (See doc. no. 3.) Plaintiff has returned his Consent to Collection of Fees form, (doc. no. 5), but he has not returned the provided Prisoner Trust Fund Account Statement. Plaintiff cannot proceed IFP unless he submits the requisite Trust Fund Account Statement and consents to the collection of the entire $350.00 filing fee in installments. Wilson v. Sargent,

313 F.3d 1315, 1319-20

(11th Cir. 2002). Plaintiff shall have until April 19, 2023, to submit the provided Prisoner Trust Fund Account Statement. Failure to return the required paperwork will be an election to have this case dismissed without prejudice. To ensure that prison officials have received the Trust Fund Account Statement, the Court DIRECTS the CLERK to serve this Order on Plaintiff’s custodian and to include a Prisoner Trust Fund Account Statement with that service copy. The Court is confident that prison officials will expeditiously fill out the form and return it to Plaintiff. Plaintiff must then return the Trust Fund Account Statement to the Court by no later than April 19, 2023. SO ORDERED this 5th day of April, 2023, at Augusta, Georgia.

BRIAN E. UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

Reference

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