UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

JAMES D. SUDBERRY, R., Case No. 1:18-cv-246 

Plaintiff, 

Black, J. 

vs. Bowman, M.J. 

 

WARDEN, LEBANON 

CORRECTIONAL INSTITUTION, et al., REPORT AND

 Defendants. RECOMMENDATION

 

 

On October 16, 2020, the Court denied plaintiff’s motion to proceed in forma pauperis in 

this matter pursuant to the “three strikes” provision of 28 U.S.C. § 1915(g) and ordered plaintiff 

to pay the $400.00 filing fee within thirty (30) days. (Doc. 5). Plaintiff was notified that the 

failure to pay the full filing fee within thirty days would result in the dismissal of this action. 

See In re Alea, 286 F.3d 378, 382 (6th Cir. 2002). 

To date, more than thirty (30) days after the Court’s Order, plaintiff has failed to pay the 

$400.00 filing fee as ordered by the Court. Accordingly, this case should be dismissed for 

plaintiff’s failure to pay the $400.00 filing fee. In re Alea, 286 F.3d at 382. Plaintiff remains 

liable for and should be assessed the full filing fee of $400.00. See McGore v. Wrigglesworth, 

114 F.3d 601 (6th Cir. 1997). See also In re Alea, 286 F.3d at 382. 

IT IS THEREFORE RECOMMENDED THAT: 

1. This case be dismissed for plaintiff’s failure to pay the full filing fee as ordered by the Court. 

2. Plaintiff be assessed the full filing fee of $400.00. 

3. The Clerk of Court be DIRECTED to mail a copy of any Order adopting this Report and 

Recommendation, along with the attached instructions, to the Cashier of the prison at which 

plaintiff is confined, and that the Cashier be directed as follows: 

Case: 1:18-cv-00246-TSB-SKB Doc #: 6 Filed: 11/30/20 Page: 1 of 3 PAGEID #: 31
2 

The prison’s Cashier shall deduct, and forward to the Clerk of Court, 20% of the 

preceding month’s income credited to plaintiff’s account each time the amount in 

the account exceeds $10.00 until the full fee has been paid.1 

4. The Court certify pursuant to 28 U.S.C. § 1915(a)(3) that for the foregoing reasons an appeal 

of this Court’s Order would not be taken in good faith. See McGore, 114 F.3d 601. 

 

 Stephanie K. Bowman 

 United States Magistrate Judge 

1The prison cashier’s office shall not send payments aggregating more than the amount of the full fee.

Case: 1:18-cv-00246-TSB-SKB Doc #: 6 Filed: 11/30/20 Page: 2 of 3 PAGEID #: 32
3 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

JAMES D. SUDBERRY, R., Case No. 1:18-cv-246 

Plaintiff, 

Black, J. 

vs. Bowman, M.J. 

 

WARDEN, LEBANON 

CORRECTIONAL INSTITUTION, et al., 

 Defendants. 

 

 

NOTICE 

Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written 

objections to this Report & Recommendation (“R&R”) within FOURTEEN (14) DAYS after 

being served with a copy thereof. That period may be extended further by the Court on timely 

motion by either side for an extension of time. All objections shall specify the portion(s) of the 

R&R objected to, and shall be accompanied by a memorandum of law in support of the 

objections. A party shall respond to an opponent’s objections within FOURTEEN DAYS after 

being served with a copy of those objections. Failure to make objections in accordance with this 

procedure may forfeit rights on appeal. See Thomas v. Arn, 474 U.S. 140 (1985); United States 

v. Walters, 638 F.2d 947 (6th Cir. 1981). 

Case: 1:18-cv-00246-TSB-SKB Doc #: 6 Filed: 11/30/20 Page: 3 of 3 PAGEID #: 33