Wells v. Avery County Sheriff's Office

Filing 11

ORDER denying 10 Motion for Order to be issued to Discontinue Holding Monies from Account & to Refund any Monies already withheld. Signed by District Judge Robert J. Conrad, Jr on 8/19/2013. (Pro se litigant served by US Mail.)(tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13-cv-55-RJC
JEREMEY JOHN WELLS,
Plaintiff,
v.
AVERY COUNTY SHERIFF’S
OFFICE,
Defendant.

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ORDER

THIS MATTER is before the Court on consideration of Plaintiff’s motion for an Order
enjoining Mountain View Correctional Institution from withholding monies from his prisoner
trust account and for a refund of any monies already withheld in connection with the payment of
the filing fee in this matter. (Doc. No. 10). On February 28, 2013, Plaintiff filed a complaint
against the defendant, pursuant to 42 U.S.C. § 1983. (Doc. No. 1). On April 10, 2013, the Clerk
of Court entered an Order directing that the Mountain View Correctional Institution to withhold
monies from Plaintiff’s prisoner trust account and to forward those funds to the Clerk of Court to
be applied towards the payment of the filing fee in this matter. (Doc. No. 6).
On April 30, 2013, the Court conducted an initial review of Plaintiff’s complaint and
concluded that Plaintiff had failed to exhaust his administrative remedies; the Court then
dismissed Plaintiff’s complaint without prejudice. (Doc. No. 7). See 42 U.S.C. § 1997e(a). On
May 8, 2013, Plaintiff filed the present motion. The Court notes that a prisoner filing a civil
action “shall be required to pay the full amount of the filing fee” even though he may be allowed

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to proceed without prepayment of the full filing fee. 28 U.S.C. § 1915(b). Plaintiff’s civil action
under § 1983 was dismissed by the Court, however, as provided for under § 1915(b), Plaintiff
remains responsible for payment of the full amount of the filing fee, whether from his prisoner
trust account or through other means. There is no indication that the full filing fee has been paid,
therefore, the Clerk of Court’s Order directing payments from funds available in Plaintiff’s
prisoner trust account will not be set aside.
IT IS, THEREFORE, ORDERED that Plaintiff’s motion for an order discontinuing
withholding of monies from Plaintiff’s prisoner trust account and for a refund of monies already
paid to the Clerk of Court is DENIED. (Doc. No. 10).
Signed: August 19, 2013

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