Parker v. McJimpsey et al

Filing 5

RULING: Plaintiff's action shall be dismissed, without prejudice, because of his failure to pay the initial partial filing fee or comply with the Court's Orders. Judgment shall be entered accordingly. Signed by Chief Judge Brian A. Jackson on 7/31/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

MARLOWE E. PARKER, JR. (#429838)

CIVIL ACTION

VERSUS
WARDEN JODY McJIMPSEY, ET AL.

NO. 17-0032-BAJ-EWD

RULING
On March 31, 2017, the Court entered an Order (R. Doc. 3) granting plaintiff=s Motion to
Proceed In Forma Pauperis in this case and directing plaintiff to pay to the Clerk of Court, within
twenty-one (21) days, an initial partial filing fee in the amount of $ 0.07, Aor this action shall be
dismissed.@ The Court=s Order specifically advised plaintiff that it was his responsibility to pay
the initial partial filing fee and that the prison would NOT forward payment of the initial partial
filing fee without plaintiff=s written authorization. Id.

Upon plaintiff=s failure to comply with

the Court=s directive, the Court entered a second Order on June 6, 2017 (R. Doc. 4), directing
Plaintiff to appear and show cause, in writing, within twenty-one (21) days, why his Complaint
should not be dismissed for failure to pay the initial partial fee.

The Court=s Order further directed

Plaintiff to attach to his response copies of his inmate account transaction statements showing all
activity in his inmate accounts “for the months of April, 2016 [sic] through the date of Plaintiff’s
response, including deposits into, withdrawals from and balances in these accounts.”

Id.

Finally, the Court=s Order advised Plaintiff that a failure to comply with the Order Ashall@ result in
the dismissal of Plaintiff=s action without further notice. Id.

Despite notice and an opportunity to appear, Plaintiff has failed to comply with the Court=s
Orders and has failed to provide any explanation for his failure to either pay the Court=s initial
partial filing fee or provide the documentation requested by the Court reflecting the activity in his
inmate accounts during the months following April, 2017. Accordingly, Plaintiff=s action shall
be dismissed, without prejudice, because of his failure to pay the initial partial filing fee or comply
with the Court=s Orders.
IT IS ORDERED that the above-captioned proceeding be DISMISSED, without
prejudice. Judgment shall be entered accordingly.
Baton Rouge, Louisiana, this 31st day of July, 2017.

BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA