IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

DALONTE D. FOARD,

Plaintiff, 

vs. 

TODD BAHENSKY, Director; D. WINKLER, 

Correction Officer; HOBBS, Correction 

Officer; and BEAVERNESS, Correction 

Officer;

Defendants.

8:23CV217

MEMORANDUM AND ORDER

This matter is before the Court for case management. The Prison Litigation 

Reform Act requires an imprisoned civil plaintiff to pay the Court’s entire filing fee, either 

at the outset when filing the complaint, or in installments if the Court grants leave to 

proceed in forma pauperis (“IFP”). In re Tyler, 110 F.3d 528, 529–30 (8th Cir. 1997); 

Jackson v. N.P. Dodge Realty Co., 173 F. Supp. 2d 951 (D. Neb. 2001).

On June 9, 2023, the Court granted Plaintiff’s motion seeking leave to proceed IFP 

and ordered him to pay an initial partial filing fee in the amount of $7.82 by July 10, 2023 

(the “IFP Order”). See Filing No. 9. On June 29, 2023, the Court ordered Plaintiff to 

update his address by July 31, 2023, Filing No. 11, following receipt of a notice that the 

IFP Order sent to Plaintiff had been returned as undeliverable and not resent, Filing No. 

10. 

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On July 5, 2023, Plaintiff responded to the Order, indicating he was now in the 

custody of the Bureau of Prisons at U.S.P. Leavenworth. Filing No. 12. Due to Plaintiff’s 

institutional transfer and change of address, the Court issued another order on July 28, 

2023, further extending the deadline for Plaintiff to submit the initial partial filing fee to 

August 28, 2023, and instructing the Clerk of Court to resend the IFP Order to Plaintiff 

and to the appropriate official at his current institution. Filing No. 15. 

To date, Plaintiff has not paid the initial partial filing fee or asked for an extension 

of time in which to do so. Accordingly, the Court will require Plaintiff to show cause why 

this case should not be dismissed for his failure to pay the initial partial filing fee. 

If Plaintiff’s failure to pay by the Court’s deadline was caused by prison officials’ 

failure to adhere to his request to remit payment using funds from his account or other 

circumstances beyond his control, his failure to pay within the time ordered by the Court 

will be excused. Absent a sufficient response, the case will be subject to dismissal. See 

Taylor v. Cassady, 570 Fed. App’x. 632 (8th Cir. 2014) (holding district court abused its 

discretion by dismissing case without first taking steps to determine whether prisonerplaintiff’s failure to pay the initial partial filing fee “was caused by circumstances beyond 

his control, such as prison officials’ failure to adhere to his request to remit payment using 

funds from his account”).

IT IS THEREFORE ORDERED that:

1. Plaintiff will have 30 days to show cause why this case should not be 

dismissed for failure to pay the initial partial filing fee. In the absence of cause shown, this 

case will be dismissed without prejudice and without further notice.

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2. The Clerk of the Court is directed to set a pro se case management deadline 

in this case using the following text: October 16, 2023: check for response to show cause 

order. 

Dated this 14th day of September, 2023.

BY THE COURT:

Joseph F. Bataillon

Senior United States District Court

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