Long v. Thompson et al
Filing
6
MEMORANDUM OPINION AND ORDER by Senior Judge Thomas B. Russell. The action will be dismissed by separate Order pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a prior Order of the Court and for failure to prosecute. The prior Order 5 obligating Plaintiff to pay the $400.00 filing fee in this action remains in full effect. The Kentucky State Reformatory shall collect and forward the $400.00 filing fee from Plaintiff's inmate account to the Clerk for full payment of the filing fee. The Clerk of Court is DIRECTED to open an account for the payment of the filing fee. cc: Plaintiff, pro se; Finance; KSR, Inmate Accts (JLS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
MICHAEL WAYNE LONG
v.
PLAINTIFF
CIVIL ACTION NO. 3:14CV-P889-TBR
LADONNA H. THOMPSON, COMMISSIONER et al.
DEFENDANTS
MEMORANDUM OPINION AND ORDER
Plaintiff Michael Wayne Long filed the instant pro se action pursuant to 42 U.S.C.
§ 1983. By Memorandum and Order entered January 15, 2015, this Court denied Plaintiff’s
application to proceed without prepayment of fees pursuant to 28 U.S.C. § 1915(g) and directed
him to pay the filing fee in full for the instant action within 30 days from entry of the Order
(DN 5). The Court warned Plaintiff that failure to pay the filing fee within the time allowed
would result in dismissal of the action and his continued responsibility for payment of the filing
fee.
More than 30 days have passed since the Court entered its Order, and Plaintiff has not
paid the filing fee. Consequently, the action will be dismissed by separate Order pursuant to
Fed. R. Civ. P. 41(b) for failure to comply with a prior Order of the Court and for failure to
prosecute.
As the Court previously advised Plaintiff, dismissal of this action does not relieve him 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), overruled on other
grounds by Jones v. Bock, 549 U.S. 199 (2007). 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 Order (DN 5) obligating Plaintiff to pay the $400.00 filing fee
in this action remains in full effect.
IT IS THEREFORE ORDERED that the Kentucky State Reformatory shall collect
and forward the $400.00 filing fee from Plaintiff’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, KY 40202-2249
The Clerk of Court is DIRECTED to open an account for the payment of the filing fee.
Date:
February 26, 2015
cc:
Plaintiff, pro se
Financial Section, USDC, WDKY
KSR, Attn: Inmate Accounts (#081811), 3001 W. Highway 146, P.O. Box 188, LaGrange, KY 40032
4413.005
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