Green v. Hendrick Medical Ctr

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10817 Summary Calendar ELBERT SILAS GREEN, Plaintiff-Appellant, versus HENDRICK MEDICAL CENTER, Contractor for Med-Dental Care for Middleton Unit; JOHN MIDDLETON UNIT, Health Administrator; No First Name COLLIER, DDS, Defendants-Appellees. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:97-CV-042-BA - - - - - - - - - - February 27, 1998 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM:* Elbert Silas Green, a Texas prisoner (# 764049), appeals from the magistrate judge’s order dismissing his civil rights complaint without prejudice based on his failure to comply with a March 6, 1997, district court order directing him to file a copy of his inmate trust account statement in accordance with 28 U.S.C. § 1915(a)(2), as amended by the Prison Litigation Reform * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-10817 - 2 - Act (“PLRA”). The magistrate judge did not abuse its discretion in dismissing Green’s complaint, as the burden of ensuring that the account statement was produced fell on Green. See Long v. Simmons, 77 F.3d 878, 879 (5th Cir. 1996); Morrow v. Collins, 111 F.3d 374, 375 (5th Cir. 1997). Accordingly, the district court’s judgment is AFFIRMED. AFFIRMED.