Rios v. McIntosh
Filing
15
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 further notice. The clerk of the court is directed to set a pro se case management deadline in this case using the following textJune 20, 2018: response to show-cause order due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LUIS RIOS,
Plaintiff,
v.
C.W. MCINTOSH, being sued in her
individual and official capacity,
Defendant.
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8:18CV107
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 March 19, 2018, 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 $20.87
within 30 days. (Filing No. 11.) Plaintiff then asked for an extension of time in which
to do so (Filing No. 13), which the court granted (Filing No. 14), requiring Plaintiff
to pay his initial partial filing fee by May 14, 2018. Plaintiff has not done 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.
If Plaintiff’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 Plaintiff’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, the case will be
subject to dismissal. See Taylor v. Cassady, 570 Fed. App’x 632 (8th Cir. 2014)
(unpublished) (holding district court abused its discretion by dismissing case without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 the court is directed to set a pro se case management
deadline in this case using the following text—June 20, 2018: response to show-cause
order due.
DATED this 21st day of May, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
2
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