Burston v. Missouri Department of Corrections et al

Filing 10

OPINION MEMORANDUM AND ORDER re: 7 PRO SE MOTION filed by Plaintiff Ronald Dale Burston, Jr. motion is GRANTED IN PART..Plaintiff shall pay an initial filing fee of $28.67, in accordance with the instructions set forth in the January 18, 2012 Memorandum and Order, no later than April 16, 2012( Initial Partial Filing Fee due by 4/16/2012.) Signed by Honorable Henry E. Autrey on 2/15/12. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
RONALD DALE BURSTON, JR.,
Plaintiff,
v.
MISSOURI DEPT. OF CORR., et al.,
Defendants.

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No. 1:11CV221 HEA

OPINION, MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion for an extension of time to pay the
initial partial filing fee.
Plaintiff filed this action pursuant to 42 U.S.C. § 1983 alleging violations of
his civil rights. On January 18, 2012, the Court granted plaintiff’s motion for
leave to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915, and assessed
plaintiff an initial partial filing fee of $28.67, based on a review of the funds in his
prison account. Pursuant to the January 18, 2012 Memorandum and Order,
plaintiff has until February 18, 2012, to make the initial payment from his account,
and after that time, additional funds will be taken from his account until the full
filing fee of $350 is paid.
Plaintiff seeks a “waiver” of the filing fee until the conclusion of this action,
citing his family’s general lack of funds, as well as his need to eventually pay

someone to assist him in working on his case. Plaintiff has not, however, provided
any detailed information as to why he is currently unable to pay the funds from his
prison account at this time or how the Court was incorrect in calculating the initial
filing fee.
Although plaintiff can be granted an extension of time to pay the funds, he
is required, like all prisoners seeking to proceed under § 1915, to pay the full
filing fee. See 28 U.S.C. § 1915. As such, the Court will deny plaintiff’s request
to defer payment of the initial partial filing fee until the conclusion of the action,
but the Court will grant plaintiff a sixty (60) day extension to pay the initial partial
filing fee.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for extension of time to
pay the filing fee [#7] is GRANTED IN PART. Plaintiff shall pay an initial filing
fee of $28.67, in accordance with the instructions set forth in the January 18, 2012
Memorandum and Order, no later than April 16, 2012.
Dated this 15th day of February, 2012.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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