Opinion

Patterson

Court
District Court, E.D. Missouri
Filed
Feb 18, 2026
Cited by
0 cases
Authority
More cited than 39.0%

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))

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))
  • explaining a district court has the power “to dismiss an action for the plaintiff’s failure to comply with any court order”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

RYAN TERREL PATTERSON, )

)

Plaintiff, )

)

v. ) Case No. 4:25-cv-00328-PLC

)

DAVID VANDERGRIFF, et al., )

)

Defendants. )

MEMORANDUM OPINION

This matter is before the Court upon review of the file. On December 15, 2025, the Court

assessed an initial partial filing fee of $11.09 and ordered Plaintiff to pay it within 30 days. Doc.

[14]. The Court cautioned Plaintiff that his failure to timely pay the initial partial filing fee may

result in the dismissal of this case without further notice. Id. at 1. 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))).

More than a month has passed since Plaintiff’s deadline, but he has not paid the initial

partial filing fee, sought additional time to pay, nor attempted to show that he “has no assets and

no means by which to pay the initial partial filing fee.” 28 U.S.C. § 1915(b)(4). Thus, Plaintiff

not only failed to pay the initial partial filing fee, but he also disregarded the Court’s Order. This

Court can dismiss an action if the Plaintiff fails to prosecute or comply with a court order. Fed.

R. Civ. P. 41(b); see also Brown v. Frey, 806 F.2d 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”); Hutchins v. A.G. Edwards & Sons, Inc., 116 F.3d 1256, 1259 (8th Cir. 1997) (same).

The Court will therefore enter an Order of Dismissal herewith dismissing this action without

prejudice. Because the Court is well within its discretion to do so, see id., it also will certify that

an appeal from this dismissal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3).

Dated this 18th day of February 2026. fe

“fw T. SCHELP

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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