OLIVER v. BROWN
ORDER granting #10 Motion for Reconsideration construed by the Court as a Motion for Extension of Time to Pay Filing Fee filed by OLIVER MONROE, JR Ordered by US MAGISTRATE JUDGE CHARLES H WEIGLE on 5/19/2023 (sst) Modified docket text on 5/22/2023 (sst).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MONROE OLIVER, JR.,
Case No. 5:23-cv-00111-TES-CHW
Proceedings Under 42 U.S.C. §1983
Before the U. S. Magistrate Judge
ORDER ON MOTION FOR EXTENSION OF TIME TO PAY FILING FEE
Pro se Plaintiff Monroe Oliver, Jr., a prisoner at Lexington Federal Medical Center
in Lexington, Kentucky, filed a filed a civil rights complaint under 42 U.S.C. § 1983.
ECF No. 1. Plaintiff also filed a motion to proceed in forma pauperis. ECF No. 2. On
April 5, 2023, Plaintiff’s motion to proceed in forma pauperis was denied due to Plaintiff’s
ability to pay the $402.00 filing fee, and he was ordered to pay that fee within fourteen
days. ECF No. 8. The fee was not paid within the time allotted. Therefore, on May 5,
2023, the Court notified Plaintiff that it had not received a response and ordered him to
show cause why his action should not be dismissed for failure to comply with this Court’s
order to pay the filing fee. ECF No. 9.
On May 15, 2023, Plaintiff filed a pleading which is construed as a motion for an
extension of time to pay the filing fee. ECF No. 7. Plaintiff indicates that he did not
receive this Court’s order denying his motion to proceed in forma pauperis until May 8,
2023. Id. He requests an additional fourteen days to submit the filing fee to the Court.
Id. Plaintiff’s motion for an extension of time (ECF No. 10) is GRANTED and he will be
allowed fourteen (14) additional days from the date of this order to pay the filing fee.
Plaintiff is reminded that should he fail to respond or otherwise pay the filing fee, his action
may be dismissed without prejudice. In the meantime, there shall be NO SERVICE of
process upon any Defendant.
SO ORDERED, this 19th day of May, 2023.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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?