Young v. Gorman et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JEREMIAH YOUNG,
Plaintiff,
vs.
BARBARA P. GORMAN, et al.,
Defendants.
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Case No. 3:26-cv-43
District Judge Michael J. Newman
Magistrate Judge Peter B. Silvain, Jr.
DEFICIENCY ORDER
Plaintiff, a prisoner at the Marion Correctional Institution, has filed a motion for leave to
proceed in forma pauperis in connection with a civil rights complaint. 	(Doc. #1). 	However,
Plaintiff’s motion is incomplete and is not made on this Court’s official form for incarcerated
persons. Id.
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 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 did not complete this Court’s
official form for incarcerated persons, and his motion does not include either 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) or a
certified account statement.
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Accordingly, should Plaintiff wish to proceed with this matter, Plaintiff is ORDERED to,
within thirty (30) days of the date of this Order, pay $405 ($350 filing fee plus $55 administrative
fee) or submit a completed Application and Affidavit By Incarcerated Person to Proceed Without
Prepayment of Fees form, including 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), and a certified copy of his prison trust fund
account statement (or institutional equivalent) for the preceding six-month period.
If Plaintiff fails to comply with this Order, the Court shall dismiss his case for want of
prosecution. In re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir. 1997). If Plaintiff’s case
is dismissed for failure to comply with this Order, the case will not be reinstated to the Court’s
active docket despite the payment of the filing fee. Id. Should Plaintiff need additional time to
comply with this Order, he should file a motion for an 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.
The CLERK OF COURT is further DIRECTED to send a copy of this Order to the
cashier of the institution at which Plaintiff is confined.
IT IS SO ORDERED.
February 23, 2026 	s/Peter B. Silvain, Jr.
Peter B. Silvain, Jr.
United States Magistrate Judge
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