Lemicy v. Hefele et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANTHONY LEMICY, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:25-cv-0332-MTS
)
TODD HEFELE, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
Before the Court is Plaintiff Anthony Lemicy’s Motion to Waive Payment of the
Initial Partial Filing Fee. 	Doc. [10]. 	The Court will deny the Motion because Plaintiff
remains obligated to pay the $37.01 initial partial filing fee. See 28 U.S.C. § 1915(b)(1);
see also Koenig v. Mo. Dep’t of Corr., 4:23-cv-1524-MTS, 2024 WL 277939, at *2 (E.D.
Mo. Jan. 25, 2024) (explaining that “Congress wrote section 1915 in mandatory terms”).
No later than Monday, March 09, 2026, Plaintiff must pay his initial partial filing fee or
submit a certified inmate account statement to the Court that evidences his continued
inability to pay the initial partial filing fee. 	See Robertson v. French, 949 F.3d 347, 353
(7th Cir. 2020) (explaining that “a court has the power to monitor a prisoner’s financial
situation in order to ensure that the prisoner does not deplete his trust account in order to
avoid paying the filing fee”); McCormack v. Mo. Dep’t of Corr., 2:25-cv-0046-MTS,
2025 WL 2336856, at *1 n.* (E.D. Mo. Aug. 13, 2025) (“Prisoners may not intentionally
deplete their trust accounts just to avoid paying filing fees.”). 	If Plaintiff fails to timely
do so, the Court will dismiss this action.
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Accordingly,
IT IS HEREBY ORDERED that Anthony Lemicy’s Motion to Waive Payment of
the Initial Partial Filing Fee, Doc. [10], is DENIED. Plaintiff must pay the $37.01 initial
partial filing fee no later than Monday, March 09, 2026. 	In the alternative, Plaintiff
must submit a certified inmate account statement showing that he has no assets and no
means by which to pay the initial partial filing fee by that same date, March 09, 2026. If
Plaintiff fails to timely do one of those two options, the Court will dismiss this action
without prejudice and without further notice.
Dated this 9th day of February 2026.
MATTHEW T. SCHELP
UNITED STATES DISTRICT JUDGE
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