IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF IOWA WESTERN DIVISION
December 31, 2012
CALVIN MATLCOK PLAINTIFF,
JASON SMITH AND CHARLES PALMER DEFENDANTS.
The opinion of the court was delivered by: Donald E. O'Brien, Senior Judge United States District Court Northern District of Iowa
INITIAL REVIEW ORDER
I. INTRODUCTION AND BACKGROUND
This matter is currently before the Court on Calvin Matlock's [hereinafter Mr. Matlock's] 42 U.S.C. § 1983 Complaint. Mr. Matlock is an involuntarily committed patient at the Civil Commitment Unit for Sex Offenders (CCUSO) in Cherokee, Iowa.*fn1 However, Mr. Matlock has failed to file an application to proceed in forma pauperis, nor has he paid the required filing fee.*fn2 Mr. Matlock has also failed to file an application for the appointment of counsel. Because Mr. Matlock has failed to pay a filing fee, his Complaint must be dismissed.
For the reason set out above, Mr. Matlock's Complaint is DISMISSED without prejudice. Mr. Matlock may refile his Complaint along with either the filing fee or an application to proceed in forma pauperis.*fn3 He may also file an application for the appointment of counsel.
28 U.S.C. § 1915(a)(1). In order to qualify for in forma pauperis status, a plaintiff must provide this Court an affidavit with the following statements: (1) statement of the nature of the action, (2) statement that plaintiff is entitled to redress, (3) statement of the assets plaintiff possesses, and (4) statement that plaintiff is unable to pay filing fees and court costs or give security therefor. 28 U.S.C. § 1915(a)(1).