Williams v. Beasley

United States District Court for the Southern District of Georgia

Williams v. Beasley

Trial Court Opinion

FOR THE SOUTHERN DISTRICT OF GEORGIA

DUBLIN DIVISION

JAMARRIS LATUAN WILLIAMS, ) ) Plaintiff, ) ) v. ) CV 320-057 ) JACOB BEASLEY and JORDAN WICKER, ) ) Defendants. ) _________

O R D E R _________

Plaintiff, incarcerated at Telfair State Prison, is proceeding pro se and in forma pauperis in this case filed pursuant to

42 U.S.C. § 1983

. On October 1, 2020, the Court directed Plaintiff to pay an initial partial filing fee of $5.50 within thirty days of the date of the Order and advised him that all prisoners, even those proceeding in forma pauperis, must pay the filing fee of $350.00 in full. See

28 U.S.C. § 1915

(b)(1). On November 4, when Plaintiff did not respond to the October 1st Order, the Court provided Plaintiff an additional fourteen days to pay an initial partial filing fee of $5.50 or inform the Court why he has not complied with the Order directing the payment. (Doc. no. 8.) In a letter mailed to the Court, Plaintiff explained he was not receiving mail in a timely fashion, although he does acknowledge receiving the Court’s October 1st and November 4th Orders. (Doc. no. 10.) Plaintiff also states he paid a $70.00 fee on October 27, 2020, however the nature of that fee is unclear, and the Court has not received Plaintiff’s initial filing fee. (Id.) Nevertheless, Plaintiff shall have another opportunity to pay his initial partial filing fee. 1915(b)(1)-(2). Courts may not except indigent prisoners from prepaying this partial filing fee. See id.; see also Rivera v. Allin,

144 F.3d 719, 722

(11th Cir. 1998), abrogated on other grounds by Jones v. Bock,

549 U.S. 199

(2007); Martin v. United States,

96 F.3d 853, 856

(7th Cir. 1996) (insisting, whenever feasible, on payment in advance of initial filing fee in every civil action covered by the PLRA). Thus, Plaintiff shall have fourteen days from the date of this Order to inform the Court of his intentions regarding this case by complying with the

Court’s Order directing payment of an initial filing fee of $5.50 or by showing the Court why he has not complied with the Order directing the payment. The CLERK is DIRECTED to immediately inform the Court of any payment of the initial filing fee which is received from Plaintiff. If Plaintiff notifies the Court that he has decided not to pursue his case and wishes to voluntarily dismiss his complaint at this time, then the case will not count as a “strike” which may later subject Plaintiff to the three-strike dismissal rule under

28 U.S.C. § 1915

(g). It is

important that Plaintiff communicate with the Court. Finally, “if a litigant seeks judicial action of any sort . . . it must be contained within a motion arising from a properly filed lawsuit.” In re Unsolicited Letters to Federal Judges,

120 F. Supp. 2d 1073, 1074

(S.D. Ga. 2000). It may not be requested in a personal letter.

Id.

Thus, should Plaintiff seek any future relief from this Court, he must file a properly captioned motion. He may not simply write letters to the Clerk of Court as he did here. (See doc. no. 9.) In the

2 future, the Court will direct the Clerk to return Plaintiff's letters without docketing them. SO ORDERED this 24th day of November, 2020, at Augusta, Georgia.

BRIAN E. UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

Reference

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