Farris v. Davis et al

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for extension of time [ECF No. 12] is DENIED as moot. IT IS FURTHER ORDERED that plaintiff is not required to pay an initial partial filing fee of $2.00. IT IS FURTHER ORD ERED that the Clerk shall request that the Missouri Department of Corrections collect the full amount of the filing fee from plaintiff's account in accordance with 28 U.S.C. § 1915, regardless of plaintiff's failure to pay the initial filing fee. Signed by District Judge E. Richard Webber on May 28, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
SHAWN TIMOTHY FARRIS,
Plaintiff,
v.
ROCHELLE DAVIS, et al.,
Defendants,

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No. 2:14CV00039 SPM

MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff’s motion for extension of time to pay the
partial initial filling fee. The Court dismissed this action on April 2, 2014, and ordered plaintiff
to pay a $2.00 initial fee no later than May 2, 2014. Plaintiff requests an extension of time to pay
the fee because he has been in administrative segregation.
The Court will waive the $2.00 partial initial filing fee requirement, which the Court
previously directed plaintiff to pay. However, plaintiff is required to pay the full amount of the
filing fee. 28 U.S.C. § 1915(b). Therefore, the Court will direct the Missouri Department of
Corrections to begin withdrawing money from plaintiff’s account until the filing fee is fully paid.
As a result, the motion is denied as moot.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for extension of time [ECF No. 12]
is DENIED as moot.
IT IS FURTHER ORDERED that plaintiff is not required to pay an initial partial filing
fee of $2.00.

IT IS FURTHER ORDERED that the Clerk shall request that the Missouri Department
of Corrections collect the full amount of the filing fee from plaintiff’s account in accordance
with 28 U.S.C. § 1915, regardless of plaintiff’s failure to pay the initial filing fee.
So Ordered this 28th day of May, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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