Smalley v. Lombardi
Filing
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MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that plaintiff's motion for reconsideration of the Court's May 7, 2014 Order of Dismissal [Doc. # 8 ] is DENIED. IT IS FURTHER ORDERED that plaintiff's motion for le ave to appeal in forma pauperis [Doc. # 9 ] is DENIED. IT IS FURTHER ORDERED that plaintiff shall, within thirty (30) days of the date of this Order, either pay the $505 appellate filing fee or file a motion in the United States Court of Appeal s for the Eighth Circuit for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that plaintiff shall file any future documents or pleadings in connection with his appeal directly with the United States Court of Appeals for the Eighth Circuit. IT IS HEREBY CERTIFIED that an appeal from this Order would not be taken in good faith. See 28 U.S.C. Section 1915(a)(3). Signed by District Judge Catherine D. Perry on 08/21/2014. (CBL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JAMES H. SMALLEY,
Plaintiff,
v.
GEORGE A. LOMBARDI, et al.,
Defendants.
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No.
4:14-CV-386-CDP
MEMORANDUM AND ORDER
Before the Court is plaintiff's August 5, 2014, letter to the Court [Doc. #8],
which will be liberally construed as a motion for reconsideration of the Court=s May
7, 2014 Order of Dismissal.
On March 28, 2014, plaintiff was ordered to submit, within thirty days, a
certified copy of his prison account statement [Doc. #3]. Plaintiff was advised that
his failure to timely comply would result in the dismissal of his case, without
prejudice. On May 7, 2014, after plaintiff failed to comply with the Order, the
Court dismissed this action pursuant to Rule 41(b) of the Federal Rules of Civil
Procedure [Doc. #4].
Plaintiff now states that "this is not the first time that this institution and
department has . . . not [given him] this certified account statement," and he
complains that the institution charges $3.75 for the statement and that it takes
approximately ninety days to receive it, "if at all." Having carefully reviewed the
motion, the Court finds that plaintiff=s grounds for reconsideration are without merit.
If plaintiff could not obtain or afford to pay for an inmate account statement, he
should have notified the Court in a timely manner. The Court notes that the
dismissal was without prejudice. If plaintiff chooses to file a new lawsuit along
with a motion to proceed in forma pauperis, and if he is still unable to obtain an
inmate account statement, he should explain the circumstances in his motion.
Accordingly,
IT IS HEREBY ORDERED that plaintiff=s motion for reconsideration of the
Court=s May 7, 2014 Order of Dismissal [Doc. #8] is DENIED.
IT IS FURTHER ORDERED that plaintiff's motion for leave to appeal in
forma pauperis [Doc. #9] is DENIED.1
IT IS FURTHER ORDERED that plaintiff shall, within thirty (30) days of
the date of this Order, either pay the $505 appellate filing fee or file a motion in the
United States Court of Appeals for the Eighth Circuit for leave to proceed in forma
pauperis.
1
When the Court dismissed this action on May 7, 2014, it certified in writing that an
appeal would not be taken in good faith [Doc. #4].
2
IT IS FURTHER ORDERED that plaintiff shall file any future documents
or pleadings in connection with his appeal directly with the United States Court of
Appeals for the Eighth Circuit.
IT IS HEREBY CERTIFIED that an appeal from this Order would not be
taken in good faith. See 28 U.S.C. ' 1915(a)(3).
Dated this 21st day of August, 2014.
__________________________________
UNITED STATES DISTRICT JUDGE
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