Parizek v. Ward County Jail

Filing 74

ORDER re 73 Letter from Scott Parizek by Magistrate Judge Clare R. Hochhalter.(BG) Distributed on 7/21/2023. (jb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Scott Roman Parizek,
Plaintiff,
vs.
Ward County,
Defendant.

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ORDER

Case No. 1:18-cv-110

On January 22, 2021, the Court issued an order dismissing the above-captioned action
without prejudice for lack of prosecution by Plaintiff. (Doc. No. 52). In so doing, it found that an
appeal would be frivolous, could not be taken in good faith, and may not be taken in forma pauperis.
(Id.). The Clerk’s office entered judgment on January 25, 2021. (Doc. No. 53).
The Court received a letter from Plaintiff dated July 16, 2023. (Doc. No. 73). In the top
right-hand corner of the letter he had written “mottion [sic] to refile.” In the body of hte letter, he
ostensibly reasserted the claims contained in his original complaint and renewed his request for an
award of damages.
Since the above-captioned action was dismissed without prejudice, Plaintiff is not foreclosed
from refiling it. If Plaintiff wants to refile this action, he does not require the court's permission to
do so. He will, however, have to submit a new a complaint. He will also have to pay the civil filing
fee, which is $402.00. See 28 U.S.C. § 1914(a). This amount includes the $52 administrative filing
fee set forth in 28 U.S.C. § 1914. If he lacks the resources to pay the civil filing fee, he can seek
leave to proceed without prepayment of fees. If he requests and qualifies for leave to proceed
without prepayments of fees and/or if he is incarcerated, his complaint will be subject to an initial

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screening. See 28 U.S.C. §§ 1915A and 1915(e). The Clerk's office shall provide him with a PLRA
packet.
IT IS SO ORDERED.
Dated this 21st day of July, 2023.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court

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