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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EARLAND J. COLLINS,

Plaintiff,

CASE NO. 2:09-CV-12858

v. HONORABLE MARIANNE O. BATTANI

HARPER WOODS POLICE DEPT.

Defendant.

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ORDER OF DEFICIENCY AND TO SHOW CAUSE

This matter is before the Court on Plaintiff’s pro se civil rights complaint filed pursuant

to 42 U.S.C. § 1983. Plaintiff, a Michigan prisoner, has not paid the $350.00 filing fee for this

action and seeks to proceed without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(1). 

Plaintiff, however, has failed to properly apply to proceed without prepayment of the fee. Under

the Prison Litigation Reform Act (“PLRA”), if a prisoner wishes to proceed without prepayment

of the filing fee, the prisoner must file a certified trust account statement and an affidavit of

indigence. 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir.

1997). Plaintiff has failed to do so.

Accordingly, the Court ORDERS that within 30 days of the filing date of this order,

Plaintiff must either submit the $350.00 filing fee or, alternatively, file the required Prisoner’s

Application to Proceed Without Prepayment of Fees and Costs and Authorization to Withdraw

from the Trust Fund Account, a current Certification/Business Manager’s Account Statement,

and a statement of Trust Fund Account (or institutional equivalent) for the six-month period

immediately preceding the filing of the complaint. See McGore, 114 F.3d at 605.

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Should Plaintiff fail to pay the filing fee or to file the required documents as described,

the Court must presume that he is not proceeding without prepayment of the fee, assess the

entire filing fee, and order the case dismissed for want of prosecution. Id. If Plaintiff’s action is

dismissed under such circumstances, it will not be reinstated even if he subsequently pays the

filing fee. Id.

Additionally, the Court’s database reveals that Plaintiff has filed at least three (3) prior

cases in the federal courts which have been dismissed as frivolous or for failure to state a claim

upon which relief may be granted. See:

Case No. Defendant(s) Dismissal Date U.S. District Judge

08-CV-14881 Wayne Co. Pros. 12/22/2008 Paul D. Borman

09-CV-11785 Warren Police Dept. 06/04/2009 Nancy G. Edmunds

09-CV-12315 Frank Murphy Hall 06/22/2009 Nancy G. Edmunds

Under the PLRA, the Court may dismiss a case if, on three (3) or more previous

occasions, a federal court has dismissed the incarcerated plaintiff’s action because it was

frivolous or malicious or failed to state a claim upon which relief may be granted. See 28 U.S.C.

§ 1915(g). The Court therefore ORDERS the Clerk of the Court to attach to this order the

dockets for the cases listed above. The Court further ORDERS Plaintiff to show cause in

writing within 30 days from the date of his order why the Court should not dismiss this case

under 28 U.S.C. § 1915(g). The Court notes that this subsection makes an exception in cases

where the incarcerated plaintiff “is under imminent danger of serious physical injury.”

SO ORDERED.

s/Marianne O. Battani 

MARIANNE O. BATTANI

UNITED STATES DISTRICT JUDGE

Dated: August 4, 2009

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CERTIFICATE OF SERVICE

I hereby certify that on the above date a copy of this Order was served upon

Earland J. Collins via U.S. Mail.

s/Bernadette M. Thebolt

Case Manager

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