Johnson v. Sparling et al

Filing 6

MEMORANDUM OPINION AND ORDER by Chief Judge Joseph H. McKinley, Jr. on 1/20/17: The prior Order DN 5 obligating Plaintiff to pay the $400.00 filing fee in this action remains in full effect. The Texas Department of Criminal Justice-Clements Unit 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), Defendants, Finance, TX Dept of Criminal Justice (DJT)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
R. WAYNE JOHNSON
v.

PLAINTIFF
CIVIL ACTION NO. 3:16CV-P633-JHM

JOHN SPARLING et al.

DEFENDANTS

MEMORANDUM OPINION AND ORDER
Plaintiff R. Wayne Johnson, an inmate currently incarcerated in Texas, filed the instant
pro se civil-rights action. By Memorandum and Order entered November 18, 2016 (DN 5), the
Court concluded that Plaintiff is prohibited from proceeding in forma pauperis under § 1915(g)
and directed him to pay the $400.00 fee for filing the instant action within 30 days from the entry
date of that Order. The Court warned Plaintiff that failure to pay the filing fee in full within the
time allowed would result in dismissal of the action and his continued responsibility for payment
of the $400.00 filing fee.
The compliance period has expired, and Plaintiff has failed to pay 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 Texas Department of Criminal JusticeClements Unit 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:

January 20, 2017

cc:

Plaintiff, pro se
Defendants
Financial Section, USDC, WDKY
Texas Department of Criminal Justice–Clements Unit, Attn: Inmate Accounts (#282756), 9601 Spur 591,
Amarillo, TX 79107
4414.005

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