Requena (ID 48877) v. Roberts et al

Filing 41

MEMORANDUM AND ORDER ENTERED: Plaintiff's motion for temporary injunction 40 is denied. The Court sets aside that portion of its order entered on September 22, 2017, that directs the submission of the initial partial filing fee on or before October 23, 2017. Signed by U.S. Senior District Judge Sam A. Crow on 10/13/17. Mailed to pro se party Adrian Michael Requena by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ADRIAN MICHAEL REQUENA,
Plaintiff,
v.

CASE NO. 13-3043-SAC

RAY ROBERTS, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for
temporary injunction (Doc. #40). By its order of September 22, 2017,
the Court directed plaintiff to submit an initial partial appellate
filing fee on or before October 23, 2017. In his present motion,
plaintiff provides evidence that he attempted to have the payment
submitted by the Kansas Department of Corrections. It appears the
request initially was approved but later was denied due to previous
encumbrances on plaintiff’s institutional account. Having examined
these materials, the Court will rescind the direction requiring
plaintiff to submit the initial partial filing fee. See 28 U.S.C.
§1915(b)(4)(“In no event shall a prisoner be prohibited from …
appealing a civil …

judgment for the reason that the prison has …

no means by which to pay the initial partial filing fee.”) Plaintiff
remains obligated to pay the full appellate filing fee of $505.00.
See 28 U.S.C. § 1915(b)(1)(“if a prisoner brings a civil action or
files an appeal in forma pauperis, the prisoner shall be required to
pay the full amount of a filing fee”).
IT IS, THEREFORE, BY THE COURT ORDERED the plaintiff’s motion
for temporary injunction (Doc. #40) is denied. The Court sets aside

that portion of its order entered on September 22, 2017, that directs
the submission of the initial partial filing fee on or before October
23, 2017.
Copies of this order shall be transmitted to the plaintiff, the
U.S. Court of Appeals for the Tenth Circuit, and the finance office
of the facility where plaintiff is incarcerated.
IT IS SO ORDERED.
DATED:

This 13th day of October, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge