Walker v. City of Bowling Green et al

Filing 7

MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 12/11/2011. Review of the Court's records reveals Walker has failed to pay the requisite $350 filing fee. The Court, therefore, will dismiss the action by separate Ord er. Dismissal of this action, however, does not relieve Walker of his responsibility to pay the requisite filing fee in this action. Accordingly, the prior Orders (DNs 4 6 ) obligating Walker to pay the $350 filing fee in this action remain in full effect. IT IS THEREFORE ORDERED that the EKCC shall forward $350 from Plaintiff's inmate account to the Clerk for full payment of the filing fee. cc: Plaintiff, pro se; Finance; EKCC, Attn: Inmate Accounts (#135945) (CDF)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN
WILLIAM WALKER

PLAINTIFF

v.

CIVIL ACTION NO. 1:11CV-P127-M

CITY OF BOWLING GREEN et al.

DEFENDANTS

MEMORANDUM OPINION AND ORDER
By Memorandum and Order entered September 22, 2011, the Court denied Plaintiff
William Walker’s application to proceed without prepayment of the filing fee, finding that he is
prohibited under the “three strikes” provision in 28 U.S.C. § 1915(g) from proceeding in forma
pauperis (DN 4). The Court ordered Walker to pay the $350.00 filing fee in full within 30 days
and warned him that his failure to pay the filing fee within the time allotted would result in
dismissal of the action and his continued responsibility for payment of the $350.00 filing fee. In
response, Walker filed a motion asking the Court to alter or amend its Order denying him pauper
status (DN 5). By Memorandum and Order entered November 7, 2011, the Court denied the
motion, directed Walker to pay the $350.00 filing fee within 21 days, and again warned him that
his failure to pay the filing fee would result in dismissal of the action and his continued
responsibility for payment of the fee (DN 6).
Review of the Court’s records reveals that Walker has failed to pay the requisite $350.00
filing fee. The Court, therefore, will dismiss the action by separate Order pursuant to Fed. R.
Civ. P. 41(b) for failure to comply with a prior Order of this Court and for failure to prosecute.
Dismissal of this action, however, does not relieve Walker of his responsibility to pay the
requisite filing fee in this action. In re Alea, 286 F.3d 378, 381 (6th Cir. 2002); McGore v.
Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997). The obligation to pay the filing fee attaches

when a prisoner “brings a civil action.” In re Alea, 286 F.3d at 381. “The subsequent dismissal
of the action under § 1915(g) for failure to pay that fee does not negate or nullify the litigant’s
continuing obligation to pay the fee in full.” Id.
Accordingly, the prior Orders (DNs 4 & 6) obligating Walker to pay the $350.00
filing fee in this action remain in full effect.
IT IS THEREFORE ORDERED that the Eastern Kentucky Correctional Complex
shall forward $350.00 from Plaintiff’s inmate account to the Clerk for full payment of the
filing fee. The payment shall be made payable to “Clerk, U.S. District Court” and sent to the
following address:
Office of the Clerk
United States District Court
Western District of Kentucky
106 Gene Snyder U. S. Courthouse
601 West Broadway
Louisville, Kentucky 40202-2249
Date:

December 11, 2011

cc:

Plaintiff, pro se
Financial Section, USDC, WDKY
EKCC, Attn: Inmate Accounts (#135945), 200 Road to Justice, West Liberty, KY 41472
4414.005

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