Concannon v. Nebraska Department of Corrections et al

Filing 9

MEMORANDUM AND ORDER - Concannon shall have until November 10, 2014, 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. The Clerk of the Court is directed to set a pro se case management deadline in this case using the following text: November 10, 2014: show cause deadline for failure to pay initial partial filing fee. 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
KEVIN CONCANNON,

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Plaintiff,
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v.
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NEBRASKA DEPARTMENT OF
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CORRECTIONS, MICHAEL
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KENNEY, Director, BIRIAN GAGE, )
Warden, and MICHELLE CAPPS,
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Deputy Warden,
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Defendants.
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4:14CV3173

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. Pursuant to the Prison
Litigation Reform Act, an imprisoned civil plaintiff must 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).
In this case, Plaintiff Kevin Concannon filed a motion seeking leave to proceed
IFP. On August 25, 2014, the court granted the motion and assessed an initial partial
filing fee in the amount of $84.90. To date, Concannon has not paid the initial partial
filing fee or asked for an extension of time in which to do so. Accordingly,
Concannon shall be required 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, --- Fed. App’x. ----, 2014 WL
4378388 (8th Cir. Sept. 5, 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 THEREFORE ORDERED that:
1.
Concannon shall have until November 10, 2014, 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 the Court is directed to set a pro se case management
deadline in this case using the following text: November 10, 2014: show cause
deadline for failure to pay initial partial filing fee.
DATED this 8th day of October, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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