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))
How later courts described this case
- 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))
Written by the judges who cited it.
The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHRISTIAN PAUL EDWARDS, )
)
Plaintiff, )
)
v. ) Case No. 4:23-cv-01111-MTS
)
ST. CHARLES POLICE DEPARTMENT, )
et al., )
)
Defendants. )
MEMORANDUM OPINION
In accordance with 28 U.S.C. § 1915(b)(1), the Court assessed an initial partial filing
fee upon Plaintiff in this matter. Doc. [8]. The Court ordered Plaintiff to pay the initial
partial filing fee of $51.60 no later than Monday, March 18, 2024. The Court expressly
admonished Plaintiff that the failure to timely pay the initial partial filing fee would “result
in the dismissal of this action.” Doc. [8] at 12; see also 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))).
More than a week has passed since Plaintiff’s deadline, but he still has failed to pay
the fee.* Thus, Plaintiff has not only failed to pay the statutorily required initial partial
filing fee, but he also has disregarded an Order of this Court. See Brown v. Frey, 806 F.2d
* Plaintiff did not request additional time to pay the fee; nor did he attempt to demonstrate that he “has
no assets and no means by which to pay the initial partial filing fee.” See 28 U.S.C. § 1915(b)(4).
801, 803 (8th Cir. 1986) (explaining a district court has the power “to dismiss an action for
the plaintiff’s failure to comply with any court order”). For these reasons, the Court will
enter an Order of Dismissal herewith dismissing Plaintiff's action without prejudice.
Dated this 28th day of March 2024. eC
wATiREW T. SCHELP
UNITED STATES DISTRICT JUDGE
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