Epp et al v. Frakes et al
ORDER - Plaintiff Dukhan Mumin will have 30 days to show cause why his 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 as to Plaintiff Mumin without prejudice and without further notice. Pro Se Case Management Deadline set for 2/24/2017: check for response to show cause order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(SLP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WILLIAM EPP, and
SCOTT FRAKES, et al.,
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 December 6, 2016, the court granted Plaintiff Dukhan Mumin’s motion
seeking leave to proceed IFP and ordered him to pay an initial partial filing fee in the
amount of $0.16 within 30 days. (See Filing No. 11.) To date, Mumin 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 Mumin to show cause why this case should not be
dismissed as to him for his failure to pay the initial partial filing fee.1
If Mumin’s failure to pay by the court’s deadline was caused by prison
officials’ failure to adhere to his request to remit payment using funds from his
account, his failure to pay within the time ordered by the court will be excused.
However, if Mumin’s failure to pay by the court’s deadline was caused by his failure
to leave sufficient funds in his account to timely pay the initial partial filing fee, his
failure to pay will not be excused. Absent a sufficient response, Mumin’s case will
Mumin’s co-plaintiff, William Epp, has paid his initial partial filing fee, but
initial review of the complaint will not occur until Mumin’s non-payment has been
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:
Plaintiff Dukhan Mumin will have 30 days to show cause why his 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 as to Plaintiff Mumin 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: February 24, 2017: check for response
to show cause order.
DATED this 25th day of January, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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