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Brittenham v. Kitchen

March 22, 2010

DENNIS BRITTENHAM, PLAINTIFF,
v.
KITCHEN, DEFENDANT.



The opinion of the court was delivered by: Honorable Patrick J. Duggan

OPINION & ORDER STRIKING COMPLAINT AND DISMISSING CASE FOR FAILURE TO CORRECT DEFICIENCIES

At a session of said Court, held in the U.S. District Courthouse, Eastern District of Michigan on March 22, 2010.

PRESENT: THE HONORABLE PATRICK J. DUGGAN U.S. DISTRICT COURT JUDGE

On February 3, 2010, Plaintiff Dennis Brittenham filed this pro se civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff is a state prisoner currently confined at the Gus Harrison Correctional Facility in Adrian, Michigan. In his complaint, he challenges the prison food service. At the time he filed his complaint, Plaintiff did not sign the complaint as required, see Fed. R. Civ. P. 11(a), and indicated a refusal to do so. (See Doc. 1 at 3, 4.) Plaintiff also did not pay the required $350.00 filing fee or submit a proper application to proceed without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(2); McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). Consequently, the Court issued a deficiency order on February 5, 2010.

The deficiency order required Plaintiff to submit a signed copy of the complaint and pay the filing fee or submit a properly completed in forma pauperis application within 30 days (i.e., March 8, 2010). The order further provided that if Plaintiff did not correct the deficiencies within 30 days his complaint would be stricken and the case would be dismissed.

Plaintiff has failed to correct the filing deficiencies within the allotted time for doing so. Accordingly, the Court DISMISSES WITHOUT PREJUDICE Plaintiff's complaint. The Court further concludes that an appeal from this order would be frivolous and cannot be taken in good faith. See 28 U.S.C. § 1915(a)(3); see also McGore, 114 F.3d at 610-11.

SO ORDERED.

PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE

20100322

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