Banks v. Song et al

Filing 6

MEMORANDUM OPINION by Judge Greg N. Stivers. Action to be dismissed by separate order. Prior Order (DN 4 ) obligating Plaintiff to pay $400 filing fee remains in full effect. NEOCC to forward $400 from inmate account to Clerk. cc: plaintiff pro se, NEOCC (JAC)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
PADUCAH DIVISION
FREDERICK BANKS

PLAINITFF

v.

CIVIL ACTION NO. 5:17-CV-P109-GNS

SOO SUNG et al.

DEFENDANTS
MEMORANDUM OPINION

Plaintiff, Frederick Banks, initiated this action by filing a complaint and a prisoner
application to proceed without prepayment of fees. The Court determined that Plaintiff was
barred from proceeding without paying the filing fee under 28 U.S.C. § 1915(a) unless he could
show that he is in imminent danger of serious physical injury. Therefore, the Court ordered
Plaintiff to pay the filing fee within 30 days. He was warned that failure to comply would result
in dismissal of this action and continued responsibility to pay the filing fee.
More than 30 days have passed since the Court entered its Order, and Plaintiff has not
paid the filing fee. Instead, he filed a “Cheque” (DN 5), which was nothing more than his
handwriting on a piece of paper in the shape and style of a personal check. Having failed to pay
the $400 filing fee as ordered by the Court, the Court will, by separate Order, dismiss 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 remains obligated to pay the filing fee in full 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 4) obligating Plaintiff to pay the $400.00 filing fee
in this action remains in full effect.
IT IS THEREFORE ORDERED that the Northeast Ohio Correctional Center shall
forward $400.00 from Plaintiff’s inmate account to the Clerk for full payment of the filing fee.
The payment shall be made payable to “Clerk, U.S. District Court” and sent to the following
address:
Office of the Clerk
United States District Court
Western District of Kentucky
106 Gene Snyder U.S. Courthouse
601 W. Broadway
Louisville, Kentucky 40202-2249
Date:

October 11, 2017

Greg N. Stivers, Judge
United States District Court
cc:

Plaintiff, pro se
NEOCC, attn. inmate accts. #05711068, 2240 Hubbard Rd., Youngstown, OH 44505
4416.009

2