Street v. Hinman

• Court: District Court, E.D. Missouri
• Decided: October 11, 2024
• Docket: 1:24-cv-00121
• Status: Unknown

Opinion

EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

KYLE DOMINIC STREET, ) ) Plaintiff, ) ) v. ) No. 1:24-cv-00121-MTS ) ROY HINMAN, et al., ) ) Defendant. )

MEMORANDUM AND ORDER This matter is before the Court on Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs. Docs. [8], [9], [10] and [13].* Having reviewed Plaintiff’s Application and inmate account statement, the Court will grant the Application and assess an initial partial filing fee of fifteen dollars and nine cents ($15.09). See 28 U.S.C. § 1915(b)(1). Plaintiff shall pay the initial partial filing fee no later than November 25, 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 dismiss a litigant’s cause of action when the litigant fails to comply with the court’s orders.”).

* The Court notes that in several letters, Plaintiff requested a copy of the Court’s form Application to Proceed in the District Court Without Prepaying Fees or Costs. Because he had handwritten and completed the form already, see Docs. [10] and [11], he does not require the Court-provided form. 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 Applications to Proceed in District Court Without Prepaying Fees or Costs, Docs. [8], [9], [10], and [13] are GRANTED. IT IS FURTHER ORDERED that Plaintiff shall pay an initial partial filing fee of fifteen dollars and nine cents ($15.09) no later than Monday, November 25, 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). Failure to do so will result in the dismissal of this action. Dated this 11th day of October 2024. ih UNITED STATES DISTRICT JUDGE

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