Langston v. Clemons-Abdullah et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRANDON M. LANGSTON, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:25-cv-0806-MTS
)
JENNIFER CLEMONS-ABDULLAH, 	)
et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
This 	matter 	is 	before 	the 	Court 	on 	Self-Represented 	Plaintiff 	Brandon 	M.
Langston’s Second Application to Proceed in District Court without Prepaying Fees or
Costs. 	Doc. [5]. 	Plaintiff is currently incarcerated at the Eastern Reception Diagnostic
and Correctional Center. 	Having reviewed the Second Application and inmate account
statement, the Court will grant the Second Application and assess an initial partial filing
fee of one dollar and ninety-five cents ($1.95). 	See 28 U.S.C. § 1915(b)(1) (explaining
calculation of initial partial filing fee).
Plaintiff shall pay the initial partial filing fee no later than Monday, March 09,
2026.* 	Failure to do so will result in the dismissal of this action without further notice.
See Walker v. Galbreth, 382 F. App’x 522 (8th Cir. 2010) (per curiam) (affirming
* Plaintiff may also seek an extension of time to pay the initial partial filing fee consistent with
Federal Rule of Civil Procedure 6(b). 	See also 4B Wright & Miller’s Federal Practice &
Procedure § 1165 (“Because the district court may exercise its discretion under Rule 6(b)(1)
only ‘for good cause,’ a party must demonstrate some justification for the issuance of the
extension.”).
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dismissal under Federal Rule of Civil Procedure 41(b) for failure to pay initial partial
filing fee); In re Smith, 114 F.3d 1247, 1251 (D.C. Cir. 1997) (noting that, under the
Prison Litigation Reform Act, the failure to pay the initial partial filing fee required by 28
U.S.C. § 1915(b)(1) may result in dismissal of a prisoner’s action (citing Ayo v. Bathey,
106 F.3d 98, 101 (5th Cir. 1997) (per curiam))); see also Hutchins v. A.G. Edwards &
Sons, Inc., 116 F.3d 1256, 1259 (8th Cir. 1997) (“A district court has the power to
dismiss a litigant’s cause of action when the litigant fails to comply with the court’s
orders.”).
After 	his 	initial 	payment, 	Plaintiff 	then 	will 	be 	required 	to 	make 	monthly
payments in accordance with 28 U.S.C. § 1915(b)(2) until he pays the full filing fee. See
Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir. 1998) (per curiam) (explaining that
prisoner-litigants must “pay filing fees in full, with the only issue being whether the
inmate pays the entire filing fee at the initiation of the proceeding or in installments over
a period of time”); Wooten v. D.C. Metro. Police Dep’t, 129 F.3d 206, 207 (D.C. Cir.
1997) (explaining that “unlike other plaintiffs,” prisoners “always must pay in full”).
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Second Application to Proceed in
District Court without Prepaying Fees or Costs, Doc. [5], is GRANTED.
IT IS FURTHER ORDERED that Plaintiff must pay an initial partial filing fee
of one dollar and ninety-five cents ($1.95) no later than Monday, March 09, 2026.
Plaintiff shall make his remittance payable to “Clerk, United States District Court,” and
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include upon it: (1) his name; (2) his prison registration number; (3) the case number; and
(4) the statement that the remittance is for an original proceeding.
Dated this 6th day of February 2026.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
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