Dennison et al v. Roederer Correctional Complex
Filing
6
MEMORANDUM OPINION and Order by Senior Judge Thomas B. Russell. By separate Order, Plaintiff Allman will be dismissed as a party pursuant to FCRP 41(b) for failure to comply with a prior Order and failure to prosecute. Order (DN 5) obligating Plaintiff Allman to pay $175 remains in full effect. IT IS THEREFORE ORDERED that KSP shall collect and forward the $175.00.cc: Plaintiffs, pro se; KSP (SG)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
JIMMIE LEE DENNISON et al.
v.
PLAINTIFFS
CIVIL ACTION NO. 3:14-CV-P699-TBR
ROEDERER CORRECTIONAL COMPLEX
DEFENDANT
MEMORANDUM OPINION AND ORDER
By Order entered November 6, 2014, this Court ordered Plaintiff Teddy Albert Allman to
pay his pro rata share of the filing fee. Plaintiff Allman was warned that failure to comply
would result in dismissal of his case.
Plaintiff Allman has failed to pay the filing fee. Therefore, the Court, by separate Order,
will dismiss Plaintiff Allman as a party to this action pursuant to Fed. R. Civ. P. 41(b) for failure
to comply with a prior Order of this Court and failure to prosecute.
Plaintiff Allman remains obligated to pay his share of the filing fee notwithstanding his
failure to comply with the prior Order of this Court. McGore v. Wrigglesworth, 114 F.3d 601,
605 (6th Cir. 1997) (“We conclude that by filing the complaint or notice of appeal, the prisoner
waives any objection to the fee assessment by the district court.”) (emphasis added), overruled
on other grounds by Jones v. Bock, 549 U.S. 199 (2007).
Accordingly, the prior Order (DN 5) obligating Plaintiff Allman to pay his share of
the filing fee, i.e., $175, in this action remains in full effect.
IT IS THEREFORE ORDERED that the Kentucky State Penitentiary shall collect
and forward the $175.00 from Plaintiff Allman’s inmate account to the Clerk for full
payment of the filing fee. The payment shall be 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:
cc:
December 30, 2014
Plaintiffs, pro se
Kentucky State Penitentiary, Attn. Inmate Accts. #182972, 266 Water Street, Eddyville, KY 42038
4413.009
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