Eady v. Dodge County Court et al

Filing 8

ORDER for Plaintiff to comply within 14 days of this Court's 7 Order to pay initial filing fee or show the Court why for non-compliance. Compliance due by 1/2/2018. Signed by Magistrate Judge Brian K. Epps on 12/19/2017. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
ANDY EADY,

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Plaintiff,
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v.
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DODGE COUNTY COURT; TAMMATHA )
B. WIGGINS; DISTRICT ATTORNEY; and )
CHRIS GARDEN,
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Defendants.
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CV 317-057

ORDER
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Plaintiff, a pre-trial detainee at Dodge County Jail in Eastman, Georgia, is proceeding
pro se and in forma pauperis in this civil rights case. On November 14, 2017, the Court
directed Plaintiff to pay an initial partial filing fee of $20.40 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 November 14th 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 $20.40 or by showing the Court
why he has not complied with the Order directing the payment. The Court DIRECTS the
CLERK to immediately inform the Court of any payment of the initial filing fee which is
received from Plaintiff.
If Plaintiff notifies the Court 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 19th day of December, 2017, at Augusta, Georgia.

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