Cox v. Samu

Filing 7

MEMORANDUM 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 (DN 6) oblig ating Plaintiff to pay the $400.00 filing fee in this action remains in full effect. IT IS THEREFORE ORDERED that the Luther Luckett Correctional Complex(LLCC) shall collect and forward the $400.00 filing fee from Plaintiff's inmate account to the Clerk for full payment of the filing fee. cc: Plaintiff, pro se; Finance; LLCC (RR)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
CLAUDE COX

PLAINTIFF

v.

CIVIL ACTION NO. 3:16-CV-P284-TBR

DETECTIVE ENDRE SAMU

DEFENDANT

MEMORANDUM AND ORDER
Plaintiff Claude Cox filed the instant pro se action. By prior Order (DN 6) entered on
July 27, 2016, the 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. 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. Well over 30 days have passed, 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 6) obligating Plaintiff to pay the $400.00 filing fee
in this action remains in full effect.
IT IS THEREFORE ORDERED that the Luther Luckett Correctional Complex
(LLCC) 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:

September 14, 2016

cc:

Plaintiff, pro se
Financial Section, USDC, WDKY
LLCC, Attn: Inmate Accounts (#155616), P.O. Box 6, LaGrange, KY 40031

4413.011

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