Opinion
CASE NO. 2:13-CV-10592
02-14-2013
DONNELL D. JACKSON, Plaintiff, v. CRAIG MICHELIN, et al., Defendants.
HONORABLE GERSHWIN A. DRAIN
OPINION AND ORDER DENYING PLAINTIFF'S LETTER REQUEST AND DISMISSING WITHOUT PREJUDICE HIS CIVIL RIGHTS COMPLAINT
Plaintiff Donnell D. Jackson, a federal prisoner currently confined at the Federal Correctional Institution in Milan, Michigan, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and a letter requesting that the Court deduct the $350.00 filing fee from his account. Plaintiff previously filed the same complaint and an application to proceed without prepaying the fees and costs pursuant to 28 U.S.C. § 1915(a). The Court dismissed his complaint without prejudice and denied his application because he had a current spendable balance of $2,008.17 in his prison account as of January 7, 2013 when an administrative officer at the prison certified his financial statement. See Jackson v. Michelin, et al., No. 2:13-CV-10203 (E.D. Mich. Jan. 30, 2013) (Tarnow, J.). Plaintiff now asks the Court to withdraw the $350.00 filing fee from his account. The responsibility to pay the full filing fee, however, rests with Plaintiff not the Court.
Accordingly, the Court DENIES Plaintiff's letter request and DISMISSES his civil rights complaint WITHOUT PREJUDICE. Plaintiff may refile his complaint as a new action with payment of the $350.00 filing fee. The Court makes no determination as to the merits of the complaint.
IT IS SO ORDERED.
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GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE