SEAN A. GILMORE, 

Plaintiff, 

vs. 

DOCTOR EDDY, et al., 

Defendants 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

Case No. l: l 8-cv-349 

Barrett, J. 

Litkovitz, M.J. 

REPORT AND 

RECOMMENDATION 

On September 27, 2019, the Court revoked plaintiffs informa pauperis status pursuant 

to the "three strikes" provision of28 U.S.C. § 1915(g) and ordered plaintiff to pay the $400.00 

filing fee within thirty (30) days. (Doc. 23). Plaintiff was notified that the failure to pay the 

full filing fee within thirty days would result in the dismissal of his action. See In re Alea, 286 

F.3d 378, 382 (6th Cir. 2002). 

To date, plaintiff has failed to pay the $400.00 filing fee in this matter as ordered by the 

Court. Accordingly, this case should be dismissed for plaintiffs 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: 

l. This case be dismissed for plaintiffs 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 Northeast Ohio 

Correctional Center in Youngstown, Ohio, and that the Cashier be directed as follows: 

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.

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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. 

Date: 

Karen 

~~~ L. LitkOVitZ 

United States Magistrate Judge 

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

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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

INSTRUCTIONS FOR PAYMENT OF PRISONER FILING FEE 

The prisoner shown as the plaintiff on the attached order owes the court a fee. Pursuant 

to 28 U.S.C. § 1915 and McGore v. Wrigglesworth, 114 F.3d 601 (6th Cir. 1997), the fee is to be 

paid as follows: 

The prison cashier shall forward to the Clerk of Court located in Cincinnati, Ohio 

monthly payments of twenty percent (20%) of the preceding month's income 

credited to the prisoner's account each time the amount in the account exceeds ten 

dollars ($10.00) until the full fee of four hundred dollars ($400.00) has been paid 

to the Clerk of the Court. Payments should be forwarded to the address below. 

If the prisoner has filed more than one case, he is required to pay a fee in each case. The prison 

cashier's office shall make the monthly calculations and payments for each case in which it 

receives an order granting in forma pauperis status or otherwise ordering the collection of the full 

filing fee. 

The prisoner~ name and case number must be noted on each remittance. 

Checks are to be made payable to: Clerk, U.S. District Court. 

Checks are to be sent to: 

Prisoner Accounts Receivable 

103 Potter Stewart United States Courthouse 

100 East 5th Street 

Cincinnati, Ohio 45202 

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SEAN A. GILMORE, 

Plaintiff, 

vs. 

DOCTOR EDDY, et al., 

Defendants 

UNITED ST A TES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

Case No. 1: l 8-cv-349 

Barrett, J. 

Litkovitz, M.J. 

NOTICE 

Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of 

the recommended disposition, a party may serve and file specific written objections to the 

proposed findings and recommendations. This period may be extended further by the Court on 

timely motion for an extension. Such objections shall specify the portions of the Report objected 

to and shall be accompanied by a memorandum of law in support of the objections. If the Report 

and Recommendation is based in whole or in part upon matters occurring on the record at an oral 

hearing, the objecting party shall promptly arrange for the transcription of the record, or such 

portions of it as all parties may agree upon, or the Magistrate Judge deems sufficient, unless the 

assigned District Judge otherwise directs. A party may respond to another party's objections 

WITHIN 14 DAYS after being served with a copy thereof. Failure to make objections in 

accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn, 4 74 U.S. 140 

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). 

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