Gallagher v. Cooper

• Court: District Court, E.D. Missouri
• Decided: June 7, 2024
• Docket: 4:24-cv-00159
• Status: Unknown

Opinion

EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

DANIEL GALLAGHER, ) ) Plaintiff, ) ) vs. ) Case No. 4:24-cv-00159-MTS ) STEPHEN EDWARD COOPER, et al., ) ) Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs. Doc. [3]. Having reviewed Plaintiff’s Application and inmate account statement,* the Court will grant the Application and assess an initial partial filing fee of five dollars and ninety-six cents ($5.96). See 28 U.S.C. § 1915(b)(1). Plaintiff shall pay the initial partial filing fee no later than Friday, July 5, 2024. Failure to do so will result in the dismissal of this action without further notice. See In re Smith, 114 F.3d 1247, 1251 (D.C. Cir. 1997) (noting that, under the Prison Litigation Reform Act, the failure to pay the initial partial filing fee required by 28 U.S.C. § 1915(b)(1) may result in dismissal of a prisoner’s action (citing Ayo v. Bathey, 106 F.3d 98, 101 (5th Cir. 1997) (per curiam))); see also Hutchins v. A.G. Edwards & Sons, Inc., 116 F.3d 1256, 1259 (8th Cir. 1997) (“A district court has the power to

* Plaintiff failed to submit a copy of his certified prison account statement in this action. Nevertheless, Plaintiff filed a companion case in the United States District Court for the Eastern District of Missouri on January 18, 2024, Gallagher v. Coleman, No. 4:24-cv-00096-RLW (E.D. Mo.), in which he filed his account statement. Accordingly, the Court takes judicial notice of the account statement for use in this action. dismiss a litigant’s cause of action when the litigant fails to comply with the court’s orders.’’). Plaintiff then will be required to make monthly payments in accordance with 28 U.S.C. § 1915(b)(2) until the full $405 filing fee is paid. See Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir. 1998) (per curiam) (explaining that prisoner-litigants must “pay filing fees in full, with the only issue being whether the inmate pays the entire filing fee at the initiation of the proceeding or in installments over a period of time”). Accordingly, IT IS HEREBY ORDERED that Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs, Doc. [3], is GRANTED. IT IS FURTHER ORDERED that the Plaintiff shall pay an initial partial filing fee of five dollars and ninety-six cents ($5.96) no later than Friday, July 5, 2024. Plaintiff shall make his remittance payable to “Clerk, United States District Court,” and include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. See 28 U.S.C. § 1915(b)(1). Dated this 7th day of June 2024. uh UNITED STATES DISTRICT JUDGE

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