Osborne v. Doe et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
BRANDON OSBORNE,
Plaintiff,
vs.
C/O CHERIF JOHN DOE, et al.,
Defendants.
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Case No. 2:25-cv-1408
District Judge Algenon L. Marbley
Magistrate Judge Elizabeth P. Deavers
DEFICIENCY ORDER
Plaintiff, a prisoner at the Madison Correctional Institution, in London, Ohio, has
filed a motion for leave to proceed in forma pauperis in connection with a prisoner civil
rights complaint. (Doc. 1). Plaintiff’s motion for leave to proceed in forma pauperis,
however, is incomplete. The “Certificate” page of plaintiff’s application (page 8 of the
Application and Affidavit By Incarcerated Person to Proceed Without Prepayment of
Fees form) has not been completed and signed by the institutional cashier (see Doc. 1, at
PageID 8), and plaintiff has failed to provide the Court with a certified copy of his trust
fund account statement as required by the PLRA.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 an application and affidavit to proceed without prepayment
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 9-11). As noted below, a copy
of this Deficiency Order will be sent to the cashier of the prison at which plaintiff is confined.
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of fees and a certified copy of his 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).
IT IS THEREFORE ORDERED THAT plaintiff must pay $405 ($350 filing fee
plus $55 administrative fee) or submit to the Court a completed in forma pauperis
application and certified copy of his prison trust fund account statement (or institutional
equivalent) for the preceding six-month period within thirty (30) days of the date of this
Order.
If plaintiff fails to comply with this Order, the Court may dismiss his case for
want of prosecution. Should plaintiff need additional time to comply with this
Deficiency Order, he must file a motion for extension of time.
The Clerk of Court is DIRECTED to send plaintiff an Application and Affidavit
By Incarcerated Person to Proceed Without Prepayment of Fees form and send a copy of
this Order to the cashier of the prison at which plaintiff is confined.
IT IS SO ORDERED.
December 12, 2025 	s/ Elizabeth A. Preston Deavers
ELIZABETH A. PRESTON
DEAVERS
United States Magistrate Judge
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