Baker v. Retelsdorf et al
Filing
29
MEMORANDUM AND ORDER - Plaintiff will have 30 days to show cause why this case should not be dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this case will be dismissed without prejudice and without furth er notice. The Clerk of Court is directed to set a pro se case management deadline in this case using the following text: February 9, 2015: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
REGINALD G. BAKER,
Plaintiff,
v.
LEIGH ANN RETELSDORF, TOM
RILEY, BRENDA LEUCK, and
RYAN LINDBERG,
Defendants.
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4:14CV3103
MEMORANDUM
AND ORDER
This matter is before the court for case management. The Prison Litigation
Reform Act requires an imprisoned civil plaintiff to pay the court’s entire filing fee,
either at the outset when filing the complaint, or in installments if the court grants
leave to proceed in forma pauperis (“IFP”). In re Tyler, 110 F.3d 528, 529-30 (8th
Cir. 1997); Jackson v. N.P. Dodge Realty Co., 173 F. Supp. 2d 951 (D. Neb. 2001).
On July 31, 2014, the court granted Plaintiff’s motion seeking leave to proceed
IFP and ordered him to pay an initial partial filing fee in the amount of $0.22 within
30 days. (See Filing No. 19.) On November 19, 2014, the court extended the time in
which Plaintiff had to pay the filing fee to December 19, 2014. To date, Plaintiff has
not paid the initial partial filing fee or asked for an extension of time in which to do
so. Accordingly, the court will require Plaintiff to show cause why this case should
not be dismissed for his failure to pay the initial partial filing fee. Absent a sufficient
response, the case will be subject to dismissal. See Taylor v. Cassady, 570 Fed.
App’x. 632 (8th Cir. 2014) (holding district court abused its discretion by dismissing
case without first taking steps to determine whether prisoner-plaintiff’s failure to pay
the initial partial filing fee “was caused by circumstances beyond his control, such as
prison officials’ failure to adhere to his request to remit payment using funds from his
account”).
IT IS ORDERED:
1.
Plaintiff will have 30 days to show cause why this case should not be
dismissed for failure to pay the initial partial filing fee. In the absence of cause
shown, this case will be dismissed without prejudice and without further notice.
2.
The Clerk of Court is directed to set a pro se case management deadline
in this case using the following text: February 9, 2015: check for response to show
cause order.
DATED this 7th day of January, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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