Spangler v. Speaks et al (INMATE 1), No. 2:2021cv00965 - Document 11 (N.D. Ala. 2021)
Court Description: MEMORANDUM OPINION AND ORDER- Accordingly, the report and recommendation, 9 , is REJECTED, and Spangler is ORDERED to return a signed Prisoner Consent Form and to pay the initial filing fee of $139.70 by December 2, 2021. Failure to follow these requirements will result in dismissal of the complaint. Signed by Judge Abdul K Kallon on 11/19/2021. (AKD)
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Spangler v. Speaks et al (INMATE 1) Doc. 11 FILED 2021 Nov-19 AM 08:46 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARCUS MONTEZ SPANGLER, Plaintiff, v. COI KELLER SPEAKS, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action Number 2:21-CV-00965-AKK-GMB MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on October 5, 2021, recommending that the court dismiss Marcus Montez Spangler’s pro se complaint for failing to pay an initial filing fee and to return a signed Prisoner Consent Form within 30 days. See doc. 9 (citing doc. 8). Spangler timely filed an objection, asserting that he “sent the consent form along with a request asking the clerk . . . to withdraw the money from [his] account and send [it] to the court.” Doc. 10 at 1. He further states that the prison has been intercepting the letters he sends to the courts. See id. Having reviewed and considered de novo the court file, in light of Spangler’s claim that he did in fact attempt to send a Prisoner Consent Form and authorize the withdrawal of money from his account, the court will give Spangler another opportunity to submit a signed Prisoner Consent Form and to pay the initial filing Dockets.Justia.com fee in accordance with the court’s earlier order, doc. 8. 1 Accordingly, the report and recommendation, doc. 9, is REJECTED, and Spangler is ORDERED to return a signed Prisoner Consent Form and to pay the initial filing fee of $139.70 by December 2, 2021. Failure to follow these requirements will result in dismissal of the complaint. The clerk is DIRECTED to include another copy of Spangler’s Prisoner Consent Form, see doc. 8, with this order. DONE the 19th day of November, 2021. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 1 In this order, the magistrate judge assessed an initial partial filing fee of $139.70 and required Spangler to make regular payments thereafter until the entire filing fee of $350.00 is paid in full, pursuant to 28 U.S.C. § 1915(b)(1) and (2). See doc. 8 at 1. 2
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