Dennison et al v. Roederer Correctional Complex, No. 3:2014cv00699 - Document 6 (W.D. Ky. 2014)
Court Description: MEMORANDUM OPINION and Order by Senior Judge Thomas B. Russell. By separate Order, Plaintiff Allman will be dismissed as a party pursuant to FCRP 41(b) for failure to comply with a prior Order and failure to prosecute. Order (DN 5) obligating Plaintiff Allman to pay $175 remains in full effect. IT IS THEREFORE ORDERED that KSP shall collect and forward the $175.00.cc: Plaintiffs, pro se; KSP (SG)
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Dennison et al v. Roederer Correctional Complex Doc. 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE JIMMIE LEE DENNISON et al. v. PLAINTIFFS CIVIL ACTION NO. 3:14-CV-P699-TBR ROEDERER CORRECTIONAL COMPLEX DEFENDANT MEMORANDUM OPINION AND ORDER By Order entered November 6, 2014, this Court ordered Plaintiff Teddy Albert Allman to pay his pro rata share of the filing fee. Plaintiff Allman was warned that failure to comply would result in dismissal of his case. Plaintiff Allman has failed to pay the filing fee. Therefore, the Court, by separate Order, will dismiss Plaintiff Allman as a party to this action pursuant to Fed. R. Civ. P. 41(b) for failure to comply with a prior Order of this Court and failure to prosecute. Plaintiff Allman remains obligated to pay his share of the filing fee notwithstanding his failure to comply with the prior Order of this Court. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997) (“We conclude that by filing the complaint or notice of appeal, the prisoner waives any objection to the fee assessment by the district court.”) (emphasis added), overruled on other grounds by Jones v. Bock, 549 U.S. 199 (2007). Accordingly, the prior Order (DN 5) obligating Plaintiff Allman to pay his share of the filing fee, i.e., $175, in this action remains in full effect. IT IS THEREFORE ORDERED that the Kentucky State Penitentiary shall collect and forward the $175.00 from Plaintiff Allman’s inmate account to the Clerk for full Dockets.Justia.com payment of the filing fee. The payment shall be sent to the following address: Office of the Clerk United States District Court Western District of Kentucky 106 Gene Snyder U.S. Courthouse 601 West Broadway Louisville, Kentucky 40202-2249 Date: cc: December 30, 2014 Plaintiffs, pro se Kentucky State Penitentiary, Attn. Inmate Accts. #182972, 266 Water Street, Eddyville, KY 42038 4413.009
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