Parker v. United States of America et al

Filing 10

ORDER VACATING 8 Order to Show Cause AND ORDER DIRECTING PLAINTIFF TO PAY FILING FEE OF $400.00 RE: 5 Order Directing Prisoner Payment - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EARNEST PARKER,
Plaintiff,

No. 15-11721

v.

District Judge Judith E. Levy
Magistrate Judge R. Steven Whalen

UNITED STATES OF AMERICA,
ET AL.,
Defendants.
/
ORDER VACATING SHOW CAUSE ORDER AND
DIRECTING PLAINTIFF TO PAY FILING FEE
On May 13, 2015, Plaintiff Earnest Parker, a prison inmate in the custody of the
Federal Bureau of Prisons (“BOP”), filed a pro se civil complaint under the Federal Tort
Claims Act. On June 15, 2015, the Court ordered the BOP to deduct the entire filing fee
from Plaintiff’s trust account and submit it to the Court [Doc. #5]. Because the
Defendants were not timely served, the Court ordered Plaintiff to show cause why his
complaint should not be dismissed under Fed.R.Civ.P. 4(m).
In his response to the show cause order, Plaintiff states that at the time the BOP
received the order to deduct the filing fee from his prisoner account, that account did not
have sufficient funds to cover the fee, and the BOP failed to deduct and send to the Court
a partial payment representing 20% of the funds in his account. Nevertheless, he states
that he now has the ability to pay the full filing fee of $400.00.
Therefore, the show cause order of January 13, 2016 [Doc. # 8] is VACATED.
Plaintiff will submit the full filing fee of $400.00 within 21 days of the date of this
Order.
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Upon timely receipt of the Plaintiff’s filing fee, the Court will enter an order
extending the time for service of the summons and complaint on the United States.1
IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: April 18, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
April 18, 2016, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

1

The FTCA waives the United States’ sovereign immunity for torts committed by federal
employees. See 28 U.S.C. § 1346(b)(1). Thus, the United States, not the individual employee, is
the proper party in an FTCA case. Service on the United States is governed by Fed.R.Civ.P.
4(i)((1), which requires sending a copy of the summons and complaint, by registered or certified
mail, to both (1) the civil process clerk at the United States Attorney’s Office for the Eastern
District of Michigan, and (2) the Attorney General of the United States at Washington, D.C.
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