Monroe v. Bernsen et al
MEMORANDUM AND ORDER re: 5 ; IT IS HEREBY ORDERED that plaintiff's motion for reconsideration [ECF No. 5] isGRANTED in part and DENIED in part. Plaintiff must pay an initial partial filing fee of $36.00 no later than August 17, 2015. Plaintiff must file his amended complaint no later than October16, 2015.IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action will be summarily dismissed. ( Initial Partial Filing Fee due by 8/17/2015., Response to Court due by 10/16/2015.). Signed by Magistrate Judge David D. Noce on 7/28/15. (KKS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
HERBERT BERNSEN, et al.,
No. 4:15CV1049 DDN
MEMORANDUM AND ORDER
Plaintiff moves for reconsideration of the Court’s Order directing him to pay an initial
partial filing fee of $36.00, and he seeks a sixty-day extension of time to file his amended
complaint. The motion is granted in part and denied in part.
Plaintiff did not file his prison account statement when he filed this case. However, his
financial affidavit showed that he should pay an initial filing fee of $36.00.
subsequently filed his account statement, which shows that he has an average monthly deposit of
$400.00, so his partial initial filing fee should be $80.00. 28 U.S.C. § 1915(b)(1). The account
statement also shows that plaintiff spends all of his money at the commissary whenever he has a
deposit. He says he needs to buy his own food, clothing, and mail materials. As a result, he has
a low monthly balance. However, the fact that plaintiff chooses to spend all of his money at the
commissary does not give him relief from the statutory requirement to pay an initial partial filing
fee. Plaintiff can easily pay an initial fee of $36.00, and the Court will not allow him to proceed
without payment of that amount by August 17, 2015.
Plaintiff requests an additional sixty days to file his amended complaint because he has
little legal knowledge and restricted access to the law library. The Court grants this request.
IT IS HEREBY ORDERED that plaintiff’s motion for reconsideration [ECF No. 5] is
GRANTED in part and DENIED in part. Plaintiff must pay an initial partial filing fee of $36.00
no later than August 17, 2015. Plaintiff must file his amended complaint no later than October
IT IS FURTHER ORDERED that if plaintiff fails to comply with this Order, this action
will be summarily dismissed.
/s/ David D. Noce
UNITED STATES MAGISTRATE JUDGE
Signed on July 28, 2015.
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