Lavon Dyson v. St. Charles County

District Court, E.D. Missouri

Lavon Dyson v. St. Charles County

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

LAVON DYSON, ) ) Plaintiff, ) ) vs. ) Case No. 4:25-cv-01548-MTS ) ST. CHARLES COUNTY, ) ) Defendant. )

MEMORANDUM AND ORDER Before the Court is Plaintiff Lavon Dyson’s Application to Proceed in District Court Without Prepaying Fees or Costs. Doc. [2]. The Court must deny Plaintiff’s Application because he failed to provide a certified copy of his trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of his Complaint. See

28 U.S.C. § 1915

(a)(2); see also Koenig v. Mo. Dep’t of Corr., 4:23-cv-1524-MTS,

2024 WL 277939

, at *2 (E.D. Mo. Jan. 25, 2024) (discussing the mandatory nature of § 1915(a)). Plaintiff must either (1) comply with

28 U.S.C. § 1915

(a) by carefully completing* and submitting an amended application along with a certified copy of his trust fund account statement; or (2) prepay the $405 filing fee in its entirety. If Plaintiff fails to timely do one of the two, the Court will dismiss this action without further notice.

* The statements Plaintiff makes on the form application are made under penalty of perjury. As the form warns, a false statement on the application may result in the dismissal of Plaintiff’s claims. See, e.g., Hudson v. Malone, 4:25-cv-0189-MTS,

2025 WL 2243698

, at *2 (E.D. Mo. Aug. 8, 2025). Accordingly, IT IS HEREBY ORDERED that Plaintiff Lavon Dyson’s Application to Proceed in District Court Without Prepaying Fees or Costs, Doc. [2], 1s DENIED without prejudice. IT IS FURTHER ORDERED that, no later than Thursday, January 08, 2026, Plaintiff shall submit an amended application to proceed in district court without prepaying fees or costs and submit a certified copy of his trust fund account statement or shall prepay the $405 filing fee in its entirety. The failure to do so will result in the dismissal of this action without further notice. IT IS FINALLY ORDERED that the Clerk of Court is respectfully directed to mail Plaintiff an extra copy of this Memorandum and Order in an effort to assist him in retrieving his certified statement, in compliance with federal law, from the requisite official with the St. Charles County Department of Corrections. Dated this 24th day of November 2025. Au UNITED STATES DISTRICT JUDGE

_2-

Reference

Status
Unknown