Julius O. Whiteside v. Allen Flowers, et al.

District Court, S.D. Ohio

Julius O. Whiteside v. Allen Flowers, et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION AT COLUMBUS

JULIUS O. WHITESIDE, : Case No. 2:25-cv-1438 : Plaintiff, : District Judge Edmund A. Sargus, Jr. : Magistrate Judge Elizabeth P. Deavers vs. : : ALLEN FLOWERS, et al., : : Defendants. : : DEFICIENCY ORDER

Plaintiff, currently housed at the Franklin County Corrections Center II, has filed a pro se motion for leave to proceed in forma pauperis (Doc. 1) and a Complaint (Doc. 1- 1) with this Court. The case has been referred to the Undersigned United States Magistrate Judge pursuant to

28 U.S.C. § 636

(b) and this Court’s Amended General Order 22-05. Due to deficiencies with Plaintiff’s filings, however, the Court ORDERS Plaintiff to correct the following issues within thirty (30) days of the date of this Order if he wishes to proceed with this action. A. The Filing Fee First, Plaintiff’s motion for leave to proceed in forma pauperis is incomplete and not made on this Court’s official form. (See Doc. 1). Pursuant to the Prison Litigation Reform Act of 1995 (PLRA),

28 U.S.C. § 1915

(a)-(h), a prisoner seeking to bring a civil action without prepayment of fees or security therefor must submit a completed application and affidavit to proceed without prepayment of fees and a certified copy of their trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the filing of the complaint obtained from the cashier of the prison at which the prisoner is or was

confined.

28 U.S.C. § 1915

(a)(2). In this case, Plaintiff’s In Forma Pauperis application is incomplete. Plaintiff has failed to provide the Court with a certified copy of his trust fund account statement as required by the PLRA1 and has failed to use this Court’s official form and thus has also failed to provide a “Certificate” page (page 8 of the Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of

Fees form that is used in this Court) completed and signed by the institutional cashier. Plaintiff is therefore ORDERED to pay $405 ($350 filing fee plus $55 administrative fee) or to submit a completed Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form, including a certified copy of his prison trust fund account statement (or institutional equivalent) for the preceding six-

month period and a “Certificate” page (page 8 of the Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form that is used in this Court) completed and signed by the institutional cashier within thirty (30) days. B. The Complaint Second, Plaintiff’s Complaint does not conform to Rule 8 of the Federal Rules of Civil Procedure, which requires a complaint to contain a “short and plain statement of the

1Plaintiff has provided a copy of his inmate account statement, but the statement is not signed or otherwise certified by the prison cashier. (See Doc. 1, at PageID 3-4). As noted below, a copy of this Deficiency Order will be sent to the cashier of the institution at which Plaintiff is confined. claim.” Fed. R. Civ. Pro. 8(a). Instead, Plaintiff’s Complaint names 20 defendants and is 117 pages long, excluding exhibits. (Doc. 1-1). Although a complaint may be dismissed

for failing to comply with Rule 8, cf. Shabazz v. Xerox, No. 1:14-cv-578,

2014 WL 4181600

, at *1, *3 (S.D. Ohio Aug. 21, 2014) (and cases cited therein), the Undersigned will give Plaintiff an opportunity to file an Amended Complaint that conforms with Rule 8(a). Accordingly, if Plaintiff wishes to proceed in this action, he is ORDERED to file an Amended Complaint, which must not exceed 20 pages in length, setting forth in

clear, short and concise terms the names of each Defendant, the specific claims for relief attributable to each Defendant, and the factual allegations supporting each such claim within thirty (30) days. As required by S.D. Ohio Local Rule 5.1, the Amended Complaint should be legible and double-spaced. Further, pursuant to Fed. R. Civ. P. 20(a)(2), the factual allegations and claims must arise out of the same transaction or

occurrence. If Plaintiff wishes to seek relief based on unrelated claims he must do so in separate actions. C. Conclusion Accordingly, in sum, if Plaintiff wishes to proceed with this action, he must: (1) pay the $405 filing fee or submit a completed in forma pauperis application that complies

with this Deficiency Order within (30) thirty days; and (2) submit an Amended Complaint that complies with this Deficiency Order within thirty(30) days. If Plaintiff fails to comply with this Order, this case may be dismissed for lack of prosecution. In re Prison Litigation Reform Act,

105 F.3d 1131

(6th Cir. 1997). Should Plaintiff need additional time to comply with this Order, he must file a motion for extension of time.

The CLERK OF COURT is DIRECTED to provide Plaintiff with an Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of Fees form and the standard form complaint for pro se prisoners. The CLERK OF COURT is further DIRECTED to send a copy of this Deficiency Order to the cashier of the institution at which Plaintiff is confined. Plaintiff is ADVISED that he must keep this Court informed of his current address

and promptly file a Notice of New Address if he is released or transferred. IT IS SO ORDERED.

December 12, 2025 s/ Elizabeth A. Preston Deavers ELIZABETH A. PRESTON DEAVERS United States Chief Magistrate Judge

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