FAIR v. WHITE et al
Filing
11
ORDER extending the deadline to pay the Initial Partial Filing Fee by 14 days. Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 1/10/2022. (ggs)
Case 5:21-cv-00243-TES-CHW Document 11 Filed 01/10/22 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TONY ANTHONY FAIR, JR.,
:
:
Plaintiff,
:
VS.
:
:
NURSE WHITE, et al.,
:
:
Defendants.
:
________________________________ :
NO. 5:21-CV-00243-TES-CHW
ORDER
Pro se Plaintiff Tony Anthony Fair, Jr., an inmate who is currently incarcerated at
the Dooly County Justice Center in Pinehurst, Georgia, has filed a Complaint seeking relief
under 42 U.S.C. § 1983 (ECF No. 1). On October 18, 2021, the Court granted Plaintiff’s
motion to proceed in forma pauperis in this action and ordered Plaintiff to pay an initial
partial filing fee of $55.03 and recast his claims on the Court’s standard form if he intended
to proceed with this action. Plaintiff was further instructed to submit a renewed motion for
leave to proceed in forma pauperis if he could not pay the initial partial filing fee as
ordered. Plaintiff was given twenty-one (21) days to comply, and he was warned that the
failure to fully and timely comply with the Court’s orders and instructions could result in
the dismissal of his Complaint. See generally Order, Oct. 18, 2021, ECF No. 5.
The time for compliance passed, and while Plaintiff did submit a recast complaint
(ECF No. 6), he did not pay the initial partial filing fee as ordered or explain why he cannot
pay that fee. As such, Plaintiff was ordered to respond and show cause why his lawsuit
should not be dismissed for failure to comply with the Court’s orders and instructions.
Case 5:21-cv-00243-TES-CHW Document 11 Filed 01/10/22 Page 2 of 3
Plaintiff was again given fourteen (14) days to respond, and he was advised that the failure
to fully and timely respond to the Court’s orders and instructions could result in the
dismissal of his case. See generally Order, Dec. 7, 2021, ECF No. 9.
The time for compliance has again passed, and Plaintiff has not yet paid the initial
partial filing fee or filed a renewed motion for leave to proceed in forma pauperis as
ordered. Plaintiff did file a response to the show cause order, however, in which he appears
to explain that he is having difficulty complying due to Defendants’ refusal to cooperate.
See, e.g., Pl.’s Resp. 1, Dec. 22, 2021, ECF No. 10 (“I don’t control nothing because I’m
incarcerated detainee who’s [sic] rights are being violated by defendants mail isn’t open in
front of me once receive[d], Defendants control inmate account, medical for I’ve been
refuse[d] access to law books as well.”). For this reason, Plaintiff will be provided with an
additional FOURTEEN (14) DAYS to either pay the initial partial filing fee of $55.03 or
file a renewed motion for leave to proceed in forma pauperis—including an updated copy
of his prison trust fund account information—explaining why he cannot now pay this fee.
If Plaintiff is contending that Defendants’ refusal to cooperate with him is
preventing him from complying with this Order, Plaintiff is instructed to show the
appropriate prison official this Order when he requests assistance from that official. If the
prison official still refuses to provide assistance, Plaintiff should notify the Court: (1) the
name of the prison official from whom he requested assistance; (2) the date he made such
request; and (3) the date that he was notified that the prison official would not provide
assistance. If Plaintiff receives notification in writing from the prison official regarding an
inability to deduct the initial partial filing fee from Plaintiff’s inmate account or provide a
2
Case 5:21-cv-00243-TES-CHW Document 11 Filed 01/10/22 Page 3 of 3
certified copy of his prison trust fund account statement, Plaintiff should provide the Court
with a copy of this notification.
To reiterate, Plaintiff shall have FOURTEEN (14) DAYS to comply. Failure to
fully and timely comply with this Order will result in the dismissal of Plaintiff’s
Complaint. Plaintiff is also reminded of his obligation to notify the Court in writing of
any change in his mailing address. There shall be no service of process until further order
of the Court.
SO ORDERED, this 10th day of January, 2022.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?