Teague v. Commonwealth of Kentucky

Filing 7

ORDER by Chief Judge John G. Heyburn, II on 10/10/08 Dismissing Case; all pending motions are DENIED as moot. The Court further certifies that an appeal of this action would not be taken in good faith. Plaintiff is still obligated to pay the filing fee, therefore, the Clerk of Court is DIRECTED to open an account for the payment of the filing fee. IT IS FURTHER ORDERED that the Louisville Metro Department of Corrections shall forward the $350.00 filing fee from Plaintiff Ja-Ron Teague's inmate account to the Clerk.cc:Plaintiff, pro se, Louisville Metro Department of Corrections, Inmate Accounts (SC)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:08CV-P366-H JA-RON TEAGUE v. COMMONWEALTH OF KENTUCKY ORDER For the reasons set forth in the Opinion entered this date, IT IS ORDERED that the instant action is DISMISSED pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a prior Order of this Court and failure to prosecute. All pending motions are DENIED as moot. The Court further certifies that an appeal of this action would not be taken in good faith. The obligation to pay the filing fee attaches when a prisoner files the complaint, "and [] the subsequent dismissal of the action, even if voluntary, does not negate that obligation." In re Alea, 286 F.3d 378, 381 (6th Cir. 2002). Therefore, the Clerk of Court is DIRECTED to open an account for the payment of the filing fee. IT IS FURTHER ORDERED that the Louisville Metro Department of Corrections shall forward the $350.00 filing fee from Plaintiff JaRon Teague's inmate account to the Clerk. Said payment shall be clearly identified by the Plaintiff's name, Inmate Identification Number, and number assigned to this action. All DEFENDANT PLAINTIFF

payments shall be made to the following address: Office of the Clerk United States District Court Western District of Kentucky 106 Gene Snyder Courthouse 601 West Broadway Louisville, Kentucky 40202 Date:
October 10, 2008

cc:

Plaintiff, pro se Louisville Metro Department of Corrections, Attention: Inmate Accounts, 400 South Sixth Street Louisville, KY 40202

4412.008

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