Opinion
CIVIL ACTION NO. 3:09CV-P75-H.
June 9, 2009
ORDER
For the reasons set forth in the Memorandum Opinion entered this date, IT IS ORDERED that the instant action is DISMISSED pursuant to Fed.R.Civ.P. 41(b) for failure to comply with a prior Order of this Court and failure to prosecute.
All pending motions are DENIED as moot.
The Court further certifies that an appeal of this action would not be taken in good faith.
The obligation to pay the filing fee attaches when a prisoner files the complaint, "and [] the subsequent dismissal of the action, even if voluntary, does not negate that obligation." In re Alea, 286 F.3d 378, 381 (6th Cir. 2002). Therefore, the Clerk of Court is DIRECTED to open an account for the payment of the filing fee. IT IS FURTHER ORDERED that the Louisville Metro Department of Corrections shall forward the $350.00 filing fee from Plaintiff Ja-Ron Teague's inmate account to the Clerk. Said payment shall be clearly identified by the Plaintiff's name, Inmate Identification Number, and number assigned to this action. All payments shall be made to the following address:
Office of the Clerk
United States District Court
Western District of Kentucky
106 Gene Snyder Courthouse
601 West Broadway
Louisville, Kentucky 40202