Rendelman v. Federal Bureau of Prisons

Filing 6

ORDER DISMISSING CASE without prejudice, for failure to comply with an Order of this Court. Signed by Chief Judge Michael J. Reagan on 10/21/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SCOTT LEWIS RENDELMAN,
#24628-037,
Plaintiff,
vs.
FEDERAL BUREAU OF PRISONS,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 15-cv-927-MJR

MEMORANDUM AND ORDER
REAGAN, Chief Judge:
On September 18, 2015, the Court entered an Order (Doc. 5) denying Plaintiff’s motion
to proceed in forma pauperis (“IFP”) (Doc. 2) in this action. According to 28 U.S.C. § 1915, a
prisoner may not bring a civil action or appeal a civil judgment in forma pauperis
if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in
any facility, brought an action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or fails to state a claim
upon which relief may be granted, unless the prisoner is under imminent danger
of serious physical injury.
28 U.S.C. § 1915(g). The Court determined that Plaintiff had, in fact, on at least three prior
occasions brought a civil rights case that was dismissed on the grounds that it was frivolous,
malicious, or failed to state a claim. After carefully reviewing Plaintiff’s complaint, the Court
also determined that Plaintiff was not under imminent danger of serious physical injury. (Doc. 5,
p. 3). As such, in accordance with 28 U.S.C. § 1915(g), Plaintiff was ordered to pay the $400.00
filing fee for this case no later than October 9, 2015. Id. at 3-4. Plaintiff was clearly warned in
that Order that failure to pay the filing fee would result in dismissal of this case. Id.
The date to pay the filing fee has passed, and Plaintiff has failed to pay. As a result, this
Page 1 of 3

action is DISMISSED without prejudice, for failure to comply with an Order of this Court. FED.
R. CIV. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v.
Kamminga, 34 F.3d 466 (7th Cir. 1994). Accordingly, the Clerk of Court shall TERMINATE
all pending motions (Doc. 3) and administratively CLOSE this case.
Plaintiff’s obligation to pay the filing fee for this action was incurred at the time the
action was filed, thus the filing fee of $400.00 remains due and payable. See 28 U.S.C. §
1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998). The agency having custody
of the Plaintiff is directed to remit the $400.00 filing fee from his prison trust fund account if
such funds are available. If he does not have $400.00 in his account, the agency must send an
initial payment of 20% of the current balance or the average balance during the past six months,
whichever amount is higher.
Thereafter, Plaintiff shall make monthly payments of 20% of the preceding month's
income credited to Plaintiff's prison trust fund account (including all deposits to the inmate
account from any source) until the $400.00 filing fee is paid in full. The agency having custody
of Plaintiff shall forward these payments from the Plaintiff’s trust fund account to the Clerk of
this Court each time the Plaintiff’s account exceeds $10.00, until the $400.00 fee is paid. In
addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v.
Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton,
209 F.3d 1025 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly
income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit
or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean
that the prisoner's entire monthly income must be turned over to the court until the fees have
been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for

Page 2 of 3

the Southern District of Illinois, P.O. Box 249, East St. Louis, Illinois 62202. The Clerk is
DIRECTED to mail a copy of this order to the Trust Fund Officer at Marion United States
Penitentiary upon entry of this Order.
IT IS SO ORDERED.
DATED: October 21, 2015

s/ MICHAEL J. REAGAN
Chief Judge
United States District Court

Page 3 of 3