MAY v. INGRAM et al
Filing
7
ORDER to Supplement 1 Complaint filed by CELESTE JANYA MAY within 21 days. Ordered by US Mag Judge Stephen Hyles on 10/3/11. (lws)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CELESTE JANYA MAY,
:
:
Plaintiff
:
:
VS.
:
:
LISA INGRAM, et. al.,
:
:
Defendants
:
_________________________________ :
NO. 5:11-CV-327 -CAR -MSH
ORDER
Plaintiff CELESTE JANYA MAY, a prisoner at the Pulaski State Prison in
Hawkinsville, Georgia, filed a pro se civil rights complaint under 42 U.S.C. ' 1983. She also
sought leave to proceed without prepayment of the filing fee or security therefor pursuant to
28 U.S.C. ' 1915(a). In an Order dated August 23, 2011, the Court granted Plaintiff’s
application to proceed in forma pauperis. In this same Order, however, the Court ordered
Plaintiff to pay an initial partial filing fee of $6.10. Plaintiff was given fourteen (14) days
from the date of the August 23, 2011, Order to pay the fee. That time has since passed, and
the Court has not yet received her partial payment.
In Wilson v. Sargent, 313 F.3d 1315 (11th Cir. 2002), the Eleventh Circuit Court of
Appeals held that before dismissing a plaintiff’s §1983 complaint for failure to pay an initial
partial filing fee, the court must inquire into the reason for the plaintiff’s failure to pay. The
Court explained that “once the prisoner fails to pay the court-ordered initial partial filing fee,
the district court must take reasonable steps to determine whether the prisoner complied with
the order by authorizing payment by prison officials.” Id. at 1321 (citing Hatchet v. Nettles,
201 F.3d 651 (5th Cir. 2000)).
Therefore, the Court hereby ORDERS Plaintiff to RESPOND and SHOW CAUSE
why her lawsuit should not be dismissed for failure to pay the initial partial filing fee.
Plaintiff is further ordered to explain what steps she took to comply with the Court’s August
23, 2011, Order. Plaintiff’s response shall be filed within FOURTEEN (14) days of the date
of this Order. If Plaintiff fails to respond, her lawsuit will be subject to immediate dismissal.
In the meantime, there shall be NO SERVICE of process upon any Defendant.
SO ORDERED, this 20th day of Septemebr, 2011.
S/STEPHEN HYLES
UNITED STATES MAGISTRATE JUDGE
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