Yeakley v. Karas et al

Filing 6

OPINION AND ORDER denying 2 Motion for Leave to Proceed in forma pauperis (42:1983) and dismissing case without prejudice. The Clerk is directed to collect the $350.00 filing fee from the Plaintiff. Signed by Honorable P. K. Holmes, III on January 5, 2018. (rg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION

TYLER WAYNE YEAKLEY
v.

PLAINTIFF
Civil No. 5:17-cv-05259

DR. ROBERT KARAS; and
ALL MEDICAL STAFF

DEFENDANTS

OPINION AND ORDER
Plaintiff filed this civil rights action pursuant to 42 U.S.C. §1983. He proceeds pro se and
has submitted an application (ECF No. 2) to proceed in forma pauperis (IFP).
When he filed this case on December 13, 2017, Plaintiff was directed (ECF No. 3) to file
an amended complaint by December 29, 2017. Plaintiff was advised that failure to comply with
the Order of the Court would subject the case to dismissal.
To date, Plaintiff has not filed the amended complaint. No mail has been returned as
undeliverable. Plaintiff has not requested an extension of time to file the amended complaint or
otherwise communicated with the Court.
This case is DISMISSED WITHOUT PREJUDICE based on the Plaintiff’s failure to
obey the Order of the Court and his failure to prosecute this case. Fed. R. Civ. P. 41(b).
Despite the dismissal of the Complaint, the Plaintiff remains liable for the $350 filing fee
under the provisions of the Prison Litigation Reform Act (PLRA). In re Tyler, 110 F.3d 528,
529 (8th Cir. 1997)(“PLRA makes prisoners responsible for their filing fees the moment the

prisoner brings a civil action or files an appeal”). The IFP application (ECF No. 2) is DENIED.
However, the Clerk is directed to collect the $350 filing fee from the Plaintiff.
IT IS SO ORDERED on this 5th day of January 2018.

/s/P.K. Holmes,III
P. K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE