# Lang v. Brown County Detention Center

> District Court, S.D. Ohio · August 13, 2025

URL: https://www.frixlaw.com/law-library/cases/11120036

## Case

- **Court:** District Court, S.D. Ohio
- **Decided:** August 13, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT CINCINNATI

JAMES H. LANG, : Case No. 1:25-cv-511
:
Plaintiff, :
: District Judge Susan J. Dlott
vs. :
Magistrate Judge Peter B. Silvain, Jr.
:
BROWN COUNTY DETENTION :
CENTER, :
:
Defendant. :

DEFICIENCY ORDER

Plaintiff, a prisoner at the Brown County Detention Center, has filed a motion for leave to
proceed in forma pauperis in connection with a prisoner civil rights complaint. (Doc. 1).
However, Plaintiff’s motion for leave to proceed in forma pauperis is incomplete. The
“Certificate” page of Plaintiff’s application (page 8 of the Application and Affidavit By
Incarcerated Person to Proceed Without Prepayment of Fees form) has not been completed and
signed by the institutional cashier (see Doc. 1, PageID 8), and Plaintiff has failed to provide the
Court with a certified copy of his trust fund account statement as required by the Prison Litigation
Reform Act (PLRA) of 1995, 28 U.S.C. § 1915(a)-(h).
Pursuant to the PLRA, 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 his 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).
It is therefore ORDERED that Plaintiff must pay $405 ($350 filing fee plus $55
administrative fee) or submit to the Court a completed in forma pauperis application and certified
copy of his prison trust fund account statement (or institutional equivalent) for the preceding six-
month period within thirty (30) days of the date of this Order.
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 must file a motion for extension of time.
The Clerk of Court is DIRECTED to send Plaintiff an Application and Affidavit By
Incarcerated Person to Proceed Without Prepayment of Fees form and to send a copy of this Order
to the cashier of the prison at which Plaintiff is confined.1
IT IS SO ORDERED.

August 13, 2025 s/Peter B. Silvain, Jr.
Peter B. Silvain, Jr.
United States Magistrate Judge

1To the extent plaintiff has indicated difficulty in getting this information (see Doc. 1, PageID 8), a copy of this
Deficiency Order is being sent to the cashier of the prison at which plaintiff is confined.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/11120036. Public record. Not legal advice.