Wilson v. Bullock

Filing 14

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff shall pay the entire $16.54 initial partial filing fee on or before June 5, 2015. IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, the case will be dismissed, without prejudice and without further notice. Signed by District Judge Catherine D. Perry on 05/27/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOSEPH TROY WILSON,
Plaintiff,
v.
DAN BULLOCK, et al.,
Defendants.

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No. 4:14-CV-1800-CDP

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff=s show cause response
[Doc. #13] relative to his failure to timely pay the $16.54 initial partial filing fee,
as ordered by the Court on December 19, 2014 [Doc. #9].
Plaintiff states that he did not pay the initial partial filing fee within thirty
days, as ordered, because (1) he was transferred from the St. Francois County Jail
to the Eastern Reception Diagnostic and Correctional Center (“ERDCC) “and [his]
mail from court was not transferred to [him]”; and (2) he “was ill [and] had to be
put in to the TLU of the Missouri Department of Correction[s].” Plaintiff states
that the filing fee will be paid before June 5, 2015.
The Court notes that plaintiff was ordered to pay the $16.54 filing fee on
December 19, 2014, and he notified the Court of his new address at ERDCC in a
letter dated February 22, 2015 [Doc. #11]. It would appear that plaintiff had more

than sufficient time to pay the fee, and should have paid it prior to his transfer to
ERDCC. Moreover, although plaintiff also states that he had been ill, his illness
occurred while in the custody of the Missouri Department of Corrections, which
was after his transfer from the St. Francois County Jail. Nevertheless, because
plaintiff states that the fee will be paid before June 5, 2015, the Court will grant
him up to that time to comply with the December 19, 2014 Order. If plaintiff
again fails to timely pay the $16.54 fee, this action will be dismissed; no further
extensions will be given.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff shall pay the entire $16.54 initial
partial filing fee on or before June 5, 2015.
IT IS FURTHER ORDERED that if plaintiff fails to comply with this
Order, the case will be dismissed, without prejudice and without further notice.
Dated this 27th day of May, 2015.

___________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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