Long v. Hoag

E.D. Missouri

Long v. Hoag

DecidedOctober 25, 2024

Docket4:24-cv-01228

StatusUnknown

This text of Long v. Hoag (Long v. Hoag) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Long v. Hoag, (E.D. Mo. 2024).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI | EASTERN DIVISION MARIO B. LONG, SR.., ) Plaintiff, vs. Case No. 4:24-cv-01228 JAR CATHERINE HOAG, et al., Defendants. MEMORANDUM AND ORDER This matter is before the Court on the Application of self-represented plaintiff Mario □□ Long, at Beckley F ederal Correctional Institution in Beaver West Virgina, to commence this civil action without prepayment of the required filing fee. [ECF No. 3]. Having reviewed the Application and inmate account statement, the Court will grant the Application and assess an initial partial filing fee of $28.00. See 28 U.S.C. § 1915(b)(1). Plaintiff shall pay the initial partial filing fee within (45) forty-five days of this Order. 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 (Sth 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 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 motion to proceed in forma pauperis [ECF No. 3] is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial partial filing fee of $28.00 within forty-five (45) days of the date of this Order. Plaintiff shall make his remittance payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) the statement that the remittance is for an original proceeding. ve Dated this day of October, 2024.

UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI | EASTERN DIVISION MARIO B. LONG, SR.., ) Plaintiff, vs. Case No. 4:24-cv-01228 JAR CATHERINE HOAG, et al., Defendants. MEMORANDUM AND ORDER This matter is before the Court on the Application of self-represented plaintiff Mario □□ Long, at Beckley F ederal Correctional Institution in Beaver West Virgina, to commence this civil action without prepayment of the required filing fee. [ECF No. 3]. Having reviewed the Application and inmate account statement, the Court will grant the Application and assess an initial partial filing fee of $28.00. See 28 U.S.C. § 1915(b)(1). Plaintiff shall pay the initial partial filing fee within (45) forty-five days of this Order. 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 (Sth 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 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 motion to proceed in forma pauperis [ECF No. 3] is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial partial filing fee of $28.00 within forty-five (45) days of the date of this Order. Plaintiff shall make his remittance payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) the statement that the remittance is for an original proceeding. ve Dated this day of October, 2024.

UNITED STATES DISTRICT JUDGE

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