Bice v. Jordan

Filing 7

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is DISMISSED without prejudice to being re-filed upon payment of the $400.00 filing fee.IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken ingood faith. Signed by District Judge John A. Ross on 6/29/17. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
GARY DEE BICE,

)
)
)
)
)
)
)
)

Plaintiff,

v.
JOHN JORDAN,
Defendant.

No. 1: 17-cv-76-JAR

)
MEMORANDUM AND ORDER

This matter is before the Court sua sponte. Plaintiff, a prisoner, commenced this 28
U.S.C. § 1983 action on May 8, 2017. On that same date, he sought leave to proceed informa

pauper is. In a Memorandum and Order dated May 19, 2017, the Court denied plaintiffs motion
pursuant to 28 U.S.C. § 1915(g). In so doing, the Court noted plaintiffs previously-filed cases
that were considered "strikes" under § 1915(g),1 and noted that the allegations in the complaint
did not indicate that plaintiff was in imminent danger of serious physical injury. The Court
concluded that it was therefore precluded from granting plaintiff leave to proceed in forma

pauperis, and directed him to pay the filing fee within twenty-one days.
Plaintiff filed a motion for reconsideration, which the Court denied. In the order denying
the motion, the Court sua sponte gave plaintiff an extension of time to pay the filing fee.
Plaintiffs response was due on June 23, 2017, but to date, he has neither paid the filing fee nor
sought additional time to do so. This case will therefore be dismissed, without prejudice to being
refiled as a fully-paid complaint.
Accordingly,
1

See Bice v. Ester, No. 1:10-cv-93-SNLJ (E.D. Mo. Sept. 13, 2010); Bice v. Commission or Directors of Cape
Girardeau City Police Dept., No. 1:11-cv-27-SNLJ (E.D. Mo. Feb. 25, 2011); and Bice v. Easiest, 1:13-cv-181
SNLJ (E.D. Mo. Mar. 26, 2014).

IT IS HEREBY ORDERED that this case is DISMISSED without prejudice to being
re-filed upon payment of the $400.00 filing fee.
IT IS HEREBY CERTIFIED that an appeal from this dismissal would not be taken in
good faith.
/O~L-

Dated this~

daY of June, 2017.

.ROSS
D STATES DISTRICT JUDGE

2