Freeman v. Danforth et al
Filing
7
ORDER allowing the plaintiff 14 additional days to pay his initial filing fee of $6.73, (Compliance due by 3/16/2015). Signed by Magistrate Judge Brian K. Epps on 3/2/15. (cmr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
TRACEY L. FREEMAN,
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Plaintiff,
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v.
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WILLIAM DANFORTH, Warden, et al.,
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Defendants.
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CV 315-003
ORDER
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Plaintiff, an inmate incarcerated at Ware State Prison in Waycross, Georgia, is
proceeding pro se and in forma pauperis in this civil rights case. On January 30, 2015, the Court
directed Plaintiff to pay an initial partial filing fee of $6.73 within thirty days of the date of the
Order and advised him that all prisoners, even those proceeding in forma pauperis, must pay the
filing fee of $350.00 in full. See 28 U.S.C. § 1915(b)(1). The time for responding to the Court’s
January 30th Order has now expired, yet Plaintiff has failed to pay the assessed initial partial
filing fee as required by the relevant provisions of the United States Code.
Under the Prison Litigation Reform Act (“PLRA”), prisoners granted in forma pauperis
status must, when funds are available, prepay at least a partial filing fee. 28 U.S.C. § 1915(b)(1)(2). Courts may not except indigent prisoners from prepaying this partial filing fee. See id.; see
also Rivera v. Allin, 144 F.3d 719, 722 (11th Cir. 1998), abrogated on other grounds by Jones v.
Bock, 549 U.S. 199 (2007); Martin v. United States, 96 F.3d 853, 856 (7th Cir. 1996) (insisting,
whenever feasible, on payment in advance of initial filing fee in every civil action covered by the
PLRA). Thus, Plaintiff shall have fourteen days from the date of this Order to inform the Court
of his intentions regarding this case by complying with the Court’s Order directing payment of
an initial filing fee of $6.73 or by showing the Court why he has not complied with the Order
directing the payment.1
If Plaintiff notifies the Court that he has decided not to pursue his case and wishes to
voluntarily dismiss his complaint at this time, then the case will not count as a “strike” which
may later subject Plaintiff to the three-strike dismissal rule under 28 U.S.C. § 1915(g). It is
important that Plaintiff communicate with the Court.
SO ORDERED this 2nd day of March, 2015, at Augusta, Georgia.
1
The CLERK is DIRECTED to immediately inform the Court of any payment of the
initial filing fee which is received from Plaintiff.
2
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