Whiteside v. Flowers et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION AT COLUMBUS
JULIUS O. WHITESIDE,
Plaintiff,
vs.
ALLEN FLOWERS, et al.,
Defendants.
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Case No. 2:25-cv-1438
District Judge Edmund A. Sargus, Jr.
Magistrate Judge Elizabeth P. Deavers
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
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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
1 Plaintiff 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.
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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).
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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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