Brown v. Kemmerer
Filing
101
MEMORANDUM re pltf's mtn for exttm 100 (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 2/16/17. (ma)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH A. BROWN,
Plaintiff
vs.
C.O. KEMMERER, et al.,
Defendants
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CIVIL NO. 1:14-CV-01520
(Judge Rambo)
MEMORANDUM
Background
An electronic search on PACER revealed that
Plaintiff Brown falsely claimed that he did not
previously file 3 or more cases that were dismissed for
failure to state a claim upon which relief may be
granted.
Consequently, by memorandum and order of
January 3, 2017, the court enumerated those strikes
under the Prison Litigation Reform Act and Brown was
directed to pay the balance of the full filing fee
($340.53) and a $50.00 administrative fee within thirty
(30) days. The only reason the court gave Brown time to
pay the filing fee was because the case had been pending
since 2014.
Furthermore, Brown was advised that if he
failed to comply the Court would dismiss the amended
complaint without prejudice pursuant to 28 U.S.C. §
1915(g) and the Clerk of Court directed to close the
case.
Although the time for complying with the order of
January 3, 2017, has passed Brown has failed to pay the
balance of the filing fee or the administrative fee.
However, on January 25, 2017, Brown filed a motion for
an extension of time of 30 days to pay the balance of
the filing fee and the administrative fee.
The
deadline for doing so was February 3, 2017.
As of this
date Brown has not paid the filing fee although having
additional time in which to do so.
Under the
circumstances we are not inclined to grant Brown’s
motion.
Brown as noted falsely claimed he did not have
three strikes. Brown was required to pay the full filing
fee at the time he initiated this action. Dupree v.
Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002); Brooks-Bey
v. Schmerfelt, 2011 WL 1398472 (M.D.Pa. Mar. 21, 2011).
Consequently, the court will deny the motion for
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extension of time and dismiss the case without prejudice
pursuant to 28 U.S.C. § 1915(g).
An appropriate order will be entered.
s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
February 16, 2017
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