Simmons v. Brill et al
ORDER to Dismiss in Part and to Draw Case to A District Judge and to a Magistrate Judge. Claims One and Three are dismissed without prejudice because Mr. Simmons failed to pay the $350.00 filing fee in full within the time allowed. Defendants H. Brill, Phillips, Mindee Mitchell, Angela Moreland, and Delgado are dismissed from the action. The Clerk of Court shall remove Defendants H. Brill, Phillips, Mindee Mitchell, Angela Moreland, and Delgado from the docketing record as parties to this a ction. Claim Two and the action shall be drawn to a district judge and to a magistrate judge. Mr. Simmons may proceed in this action without payment of an initial partial filling fee. Mr. Simmons remains obligated to pay the full amount of the requir ed $350.00 filing fee pursuant to 28 U.S.C. §1915(b)(1) regardless of the outcome of this action. Until the $350.00 filing fee is paid in full, Mr. Simmons shall make monthly payments to the Court of twenty percent of the preceding mon th's income credited to his account or show cause why he has no assets and no means by which to make each monthly payment. Mr. Simmons is directed to make the necessary arrangements to have the monthly payments identified by the civil action nu mber on this Order. Mr. Simmons must file a current certified copy of his trust fund account statement to show cause. Mr. Simmons fails to have the appropriate monthly payment sent to the Clerk of Court each month or to show cause each month, as dire cted above, why he has no assets and no means by which to make the monthly payment the Complaint may be dismissed without further notice. The Court may dismiss this action and may apply all or part of the filing fee payments tendered in this action to satisfy any filing fee debt Plaintiff may owe in a prior action or actions if Plaintiff fails to stay current with his payment obligations in the prior action or actions. By Judge Christine M. Arguello for Judge Zita L. Weinshienk on 03/22/2010. (sah, )
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