Davis v. Collins et al

Filing 10

ORDER. Plaintiff is directed that he must, no later than August 10, 2017, pay the full $350.00 filing fee, pay the $0.48 initial partial fee, or show, in writing, good cause for the failure to pay. Signed by Magistrate Judge Charles B Goodwin on 07/27/2017. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
GEORGE CINTROI DAVIS,
Plaintiff,
v.
KELLY COLLINS et al.,
Defendants.

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Case No. CIV-17-645-M

ORDER
On June 12, 2017, the Court granted Plaintiff George Cintroi Davis’ application for
leave to proceed in forma pauperis and ordered Plaintiff to pay an initial partial filing fee
of $0.48 no later than July 3, 2017, pursuant to 28 U.S.C. § 1915(b)(1)(A). Plaintiff was
advised that if he did not pay this fee, or show good cause for his failure to do so, this
action would be subject to dismissal without prejudice. See Order of June 12, 2017 (Doc.
No. 5) at 1.
Plaintiff failed to pay the initial partial payment, seek an extension of his time to do
so, or submit any explanation for his failure to pay. Accordingly, on July 10, 2017, Plaintiff
was permitted another opportunity to either submit his $0.48 initial partial fee or show
good cause in writing for his failure to do so. Plaintiff was advised that if he did not (1)
pay the full $350.00 filing fee, (2) pay the $0.48 initial partial fee, or (3) show, in writing,
good cause for the failure to pay, by July 31, 2017, this action would be subject to dismissal
without prejudice to refiling and with no fees or costs imposed. See Order of July 10, 2017
(Doc. No. 8); LCvR 3.4(a).

As of this date, Plaintiff has not submitted his required fee to the Court. He has,
however, sent a letter stating that he “has no money” because he does not receive gang pay.
Pl.’s Letter (Doc. No. 9) at 1. Attached to his filing is an institutional account statement
reflecting that Plaintiff actually does receive gang pay and has a current balance of $7.20
in his savings account, which is more than sufficient to fulfill his initial payment
requirement. See Doc. No. 9-1, at 1. Plaintiff in his letter states that he “cannot touch” this
savings account until he is discharged to a halfway house, but he cites no authority for that
proposition. Pl.’s Letter at 1. Further, the relevant statute provides that funds placed into
Oklahoma prisoners’ mandatory savings accounts can “be used to pay filing fees for state
or federal litigation.” Miskovsky v. Jones, 437 F. App’x 707, 709 (10th Cir. 2011) (citing
Okla. Stat. tit. 57, § 549(A)(5) (“Funds from this [mandatory savings] account may be used
by the inmate for fees or costs in filing a . . . federal action . . . .”)).
Plaintiff therefore has not shown good cause for his failure to pay his initial partial
filing fee as required by 28 U.S.C. § 1915(b)(1)(A).

In light of his apparent

misunderstanding regarding his savings account, the Court will extend Plaintiff’s deadline
to comply with its two previous Orders. Plaintiff is directed that he must, no later than
August 10, 2017, do one of the following: (1) pay the full $350.00 filing fee, (2) pay the
$0.48 initial partial fee, or (3) show, in writing, good cause for the failure to pay. If Plaintiff
fails to comply with this final deadline, this action will be subject to dismissal without
prejudice to refiling and with no fees or costs imposed. See LCvR 3.4(a).

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If Plaintiff encounters any difficulties accessing his account funds in order to
comply with this Order, he may present this Order to prison officials or seek further
assistance from the Court.
IT IS SO ORDERED this 27th day of July, 2017.

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