Taylor v. Dunklin County

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

J. W. TAYLOR, JR., ) ) Plaintiff, ) ) vs. ) Case No. 1:24-cv-00036-MTS ) DUNKLIN COUNTY, 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. [2]. Having reviewed Plaintiff’s Application and inmate account statement, the Court will grant the Application and assess an initial partial filing fee of two dollars and thirty cents ($2.30). See 28 U.S.C. § 1915(b)(1). Plaintiff shall pay the initial partial filing fee no later than Friday, August 9, 2024. Failure to do so will result in the dismissal of this action without further notice. See 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.”); Walker v. Galbreth, 382 F. App’x 522 (8th Cir. 2010) (per curiam) (affirming dismissal under Federal Rule of Civil Procedure 41(b) for failure to pay initial partial filing fee); Conley v. Holden, 109 F. App’x 846 (8th Cir. 2004) (per curiam) (same). 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. [2], is GRANTED. IT IS FURTHER ORDERED that the Plaintiff shall pay an initial partial filing fee of two dollars and thirty cents ($2.30) no later than Friday, August 9, 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 25th day of June 2024. |) | oo ul UNITED STATES DISTRICT JUDGE

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