Smith v. Fathers House et al

Filing 5

ORDER DISMISSING CASE WITHOUT PREJUDICE AND ASSESSING $400 CIVIL FILING FEE. Signed by Judge James D. Todd on 2/16/17. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
JAMES D. SMITH,
Plaintiff,
VS.
FATHERS HOUSE, ET AL.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 16-2987-JDT-cgc

ORDER DISMISSING CASE WITHOUT PREJUDICE
AND ASSESSING $400 CIVIL FILING FEE

On December 19, 2016, Plaintiff James D. Smith, prisoner number 247890, who was, at the
time, incarcerated at the Leon County Jail (“Jail”) in Tallahassee, Florida, filed a pro se document
which the Clerk construed and docketed as a complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.)
However, Plaintiff failed to pay the civil filing fee or submit a motion to proceed in forma pauperis
and a copy of his inmate trust account statement for the last six months, as required by the Prison
Litigation Reform Act (“PLRA”), 28 U.S.C. §§ 1915(a)-(b). Therefore, the Court issued an order
on December 20, 2016, directing Plaintiff to either pay the entire $400 filing fee or submit the
required financial information within 30 days. (ECF No. 3.) Plaintiff was warned that if he failed
to comply with the order in a timely manner the Court would “deny leave to proceed in forma
pauperis, assess the entire $400 filing fee from his inmate trust account without regard to the
installment payment procedures [of the PLRA], and dismiss the action without further notice for
failure to prosecute, pursuant to Fed. R. Civ. P. 41(b).” (Id. at 2.)

Plaintiff has not complied with the December 20, 2016 order, and the time for compliance
has expired. Therefore, the complaint is hereby DISMISSED without prejudice, pursuant to Federal
Rule of Civil Procedure 41(b).
The Court notes that in another civil case filed by the Plaintiff in this district, Smith v.
Burrow, et al., No. 17-2058-JDT-cgc (W.D. Tenn. filed Jan. 24, 2017), mail sent to him at the Leon
County Jail was returned undeliverable, marked “released.” (No. 17-2058, ECF No. 6 at 5.)
Therefore, because Plaintiff apparently is no longer incarcerated, the Court cannot assess the filing
fee from Plaintiff’s inmate trust account.
The Clerk is directed to prepare a judgment.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE