Cox v. Thompson et al

Filing 6

MEMORANDUM & ORDER by Senior Judge Thomas B. Russell on 1/18/2013; KSP is directed to collect the $350 filing fee; an appropriate order shall issue dismissing casecc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
CLAUDE COX
A/K/A LISA LEE DUKE

PLAINTIFF

v.

CIVIL ACTION NO. 5:12CV-P162-R

LADONNA THOMPSON et al.

DEFENDANTS

MEMORANDUM AND ORDER
By Memorandum and Order entered November 9, 2012, 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 requisite $350.00 filing fee 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.
Review of the record in this action reveals that Plaintiff has failed to pay the requisite
$350.00 filing fee. The Court, therefore, will dismiss the action 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). 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 $350.00 filing fee
in this action remains in full effect.
IT IS THEREFORE ORDERED that the Kentucky State Penitentiary shall collect
and forward the $350.00 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, Kentucky 40202-2249
Date:

January 18, 2013

cc:

Plaintiff, pro se
KSP, Attn: Inmate Accounts #155616, 266 Water Street, Eddyville, KY 42038
4413.005

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