DEEN-MITCHELL v. LAPPIN et al

Filing 178

ORDER re: Report 176 of Magistrate Judge Mehalchick - It is hereby ORDERED that: 1. Matter held in abeyance pending Deen-Mitchell's return to FCI Florence.; 2. Deen-Mitchell shall notify ct of his new address immediately upon his return to FCI Florence.; 3. Deen-Mitchell shall pay applicable filing fee w/in 14 days of his return to FCI Florence or upon renewal of access to his federal prisoner account whichever occurs earlier - failure to comply w/ this directive will result in dismissal of case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/06/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WALLACE DEEN-MITCHELL,

:
:
Plaintiff
:
:
v.
:
:
HARLEY G. LAPPIN and
:
FEDERAL BUREAU OF PRISONS, :
:
Defendants
:

CIVIL ACTION NO. 1:11-CV-1902
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of October, 2014, upon consideration of the report
(Doc. 176) of Magistrate Judge Karoline Mehalchick, issued September 24, 2014,
wherein Judge Mehalchick recommends the court dismiss the above-captioned
matter given pro se plaintiff Wallace Deen-Mitchell’s (“Deen-Mitchell”) failure to
pay the applicable filing fee within thirty (30) days of the court’s August 15, 2014
order (Doc. 171) directing him to do so, and further upon consideration of DeenMitchell’s objection (Doc. 177) filed October 6, 2014, in which Deen-Mitchell notes
that he is temporarily incarcerated at the Central Detention Facility (DC Jail) in
Washington, D.C., while pursuing certain challenges to his criminal convictions,
and as such is without access to his prisoner account at Federal Correctional

Institution, Florence, Colorado (“FCI Florence”), (see Doc. 177 at 2), it is hereby
ORDERED that:
1.

The above-captioned matter is held in abeyance pending DeenMitchell’s return to FCI Florence.1

2.

Deen-Mitchell shall notify the court of his new address immediately
upon his return to FCI Florence.

3.

Deen-Mitchell shall pay the applicable filing fee within fourteen (14)
days of his return to FCI Florence or upon renewal of access to his
federal prisoner account, whichever occurs earlier. Failure to comply
with this directive will result in dismissal of this case.

/S/ Christopher C. Conner
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

1

The court extends this deference to Deen-Mitchell despite his failure to comply
with the court’s April 14, 2010 order (Doc. 13) which directs him to provide notice of
any change of address within ten (10) days of the change or as soon as practicable
thereafter. Deen-Mitchell’s noncompliance with this mandate is the source of much
of the procedural confusion about which he now complains. In the interest of
abundant caution, the court excuses Deen-Mitchell’s noncompliance with this
mandate at this juncture.