The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Case No. 23-cv-20613-BLOOM
CHRISTOPHER WILLIAMS,
Plaintiff,
v.
JPAY INCORPORATED LLC,
Defendant.
/
ORDER DISMISSING COMPLAINT
THIS CAUSE is before the Court upon a sua sponte review of the record. On February
15, 2023, Plaintiff Christopher Williams docketed a Complaint for Violation of Civil Rights, 42
U.S.C. § 1983, ECF No. [1] (“Complaint”). As of the date of this order, Plaintiff has not paid the
$402 filing fee ($350 + $52 administrative fee) or filed a motion for leave to proceed in forma
pauperis.
Plaintiffs who cannot pay the filing fee may file a motion for leave to proceed in forma
pauperis to proceed with their action without initial payment of the fee. See 28 U.S.C. § 1915.
Section 1915 requires that plaintiffs file a motion for leave to proceed in forma pauperis
accompanied by “an affidavit that includes a statement of all assets such prisoner possesses that
the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature
of the action, defense or appeal and affiant’s belief that the person is entitled to redress.” Id. at
(a)(1). It further requires that a plaintiff “submit a certified copy of the trust fund account statement
(or institutional equivalent) for . . . the 6-month period immediately preceding the filing of the
complaint . . . .” Id. at (a)(2). A Plaintiff who is granted in forma pauperis status is exempt from
Case No. 23-cv-20613-BLOOM
the $52 administrative fee but remains responsible for payment of the $350 filing fee. See id. at
(b)().
Pursuant to Federal Rule of Civil Procedure 41(b), a district court may dismiss a complaint
for failure to prosecute or failure to comply with a court order or the federal rules. See Brown v.
Blackwater River Corr. Facility, 762 F. App’x 982, 985 (11th Cir. 2019) (“[A] district court may
sua sponte dismiss a suit for failure to prosecute or failure to comply with an order.”). Because
Plaintiff failed to pay the filing fee or file a motion to proceed in forma pauperis with a supporting
financial affidavit and a certified trust account statement, the Complaint is dismissed for failure to
prosecute.
Accordingly, it is ORDERED AND ADJUDGED that this action is DISMISSED
without prejudice. The Clerk is DIRECTED to close the case.
DONE AND ORDERED in Chambers at Miami, Florida, on February 17, 2023.
BETH BLOOM
UNITED STATES DISTRICT JUDGE
Copies to:
Christopher Williams
K59527
Everglades Correctional Institution
Inmate Mail/Parcels
1599 SW 187th Avenue
Miami, FL 33194
PRO SE