BURKE v. WHEELER CORRECTIONAL FACILITY MEDICAL DEPARTMENT AND BONDING AGENCY et al

Filing 13

ORDER to comply with 11 Order Directing Prisoner Payment of an initial filing fee of $19.33 or showing the Court the reason for noncompliance. Signed by Magistrate Judge Brian K. Epps on 02/09/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
BOBBY BURKE,

)
)
Plaintiff,
)
)
v.
)
)
WHEELER CORRECTIONAL FACILITY )
MEDICAL DEPARTMENT AND
)
BONDING AGENCY; PAT CLARK,
)
Medical Administrator; and DR. WHITLEY, )
Dentist,
)
)
Defendants.
)
_________

CV 317-066

ORDER
_________
Plaintiff, an inmate at Baldwin State Prison in Hardwick, Georgia, is proceeding pro
se and in forma pauperis in this civil rights case concerning events at Wheeler Correctional
Facility in Alamo, Georgia. On January 9, 2018, the Court directed Plaintiff to pay an initial
partial filing fee of $19.33 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 9th 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 $19.33 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 9th day of February, 2018, at Augusta, Georgia.

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