Brooks et al v. Daniels et al

Filing 11

MEMORANDUM OPINION AND ORDER by Judge Charles R. Simpson, III on 10/30/2012;, plaintiff Michael York is DISMISSED ; Because Plaintiff York did notsubmit an application to proceed without prepayment of fees with a prisoner trust account statement fo r the six months preceding filing the complaint, the Court is unable to apportion the filing fee pursuant to 28 U.S.C. § 1915(b)(1).By separate Order, the Court will order the collection of Plaintiff Yorks pro rata share of the filing fee.cc: plaintiffs pro se, defendants (TLB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
ROBERT L. BROOKS II et al.
v.

PLAINTIFFS
CIVIL ACTION NO. 3:12-CV-P446-S

OFFICER DANIELS et al.

DEFENDANTS

MEMORANDUM OPINION AND ORDER
This action was initiated by a complaint signed by Plaintiffs Robert L. Brooks II, Joseph
Greer, and Michael York. Plaintiff Brooks submitted a completed prisoner application to
proceed without prepayment of fees. On September 4, 2012, the Court entered an Order
explaining that where there is more than one plaintiff, each plaintiff is responsible for his or her
pro rata share of the $350.00 filing fee. Thus, Plaintiffs Brooks, Greer, and York are each
responsible for one-third, or $116.65, of the filing fee. The Court ordered Plaintiffs Greer and
York within 30 days to either submit a completed prisoner application to proceed without
prepayment of the filing fee or pay his share, $116.65, of the filing fee. That Order warned that
failure to comply would result in the dismissal as a plaintiff in this action and continued
responsibility for payment of his pro rata share of the filing fee.
Plaintiff York has not complied with the Court’s Order. Courts have an inherent power
“acting on their own initiative, to clear their calendars of cases that have remained dormant
because of the inaction or dilatoriness of the parties seeking relief.” Link v. Wabash R.R. Co.,
370 U.S. 626, 630 (1962).
IT IS ORDERED that Plaintiff York is DISMISSED as a plaintiff in the instant action.
See FED. R. CIV. P. 41(b) (governing involuntary dismissal). Because Plaintiff York did not
submit an application to proceed without prepayment of fees with a prisoner trust account

statement for the six months preceding filing the complaint, the Court is unable to apportion the
filing fee pursuant to 28 U.S.C. § 1915(b)(1).
By separate Order, the Court will order the collection of Plaintiff York’s pro rata share
of the filing fee.
Date:

cc:

October 30, 2012

Plaintiffs, pro se
Defendants

4411.009

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