Bell v. Hoover et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION (CINCINNATI )
CHRISTOPHER D. BELL,
Plaintiff,
vs.
JOHN DOE HOOVER, et al.,
Defendants.
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Case No. 1:26-cv-00021
District Judge Jeffery P. Hopkins
Magistrate Judge Caroline H. Gentry
ORDER
Plaintiff, Christopher D. Bell, is a state prisoner proceeding without the assistance
of counsel. 	On January 9, 2026, Plaintiff filed an unsigned civil rights Complaint (Doc.
1), a Declaration in Support of Plaintiff’s Motion for a Temporary Restraining Order and
Preliminary Injunction seeking access to his legal materials (Doc. 2), and a Motion for
Delay in Paying Full Filing Fee (Doc. 3). 	Observing certain initial issues, the Clerk
mailed Plaintiff a Notice of Deficiency, instructing him that he must (1) pay the full filing
fee or submit an application to proceed in forma pauperis within thirty (30) days; (2) file
a civil cover sheet; and (3) submit necessary service documents. 	(Doc. 4).
When a prisoner files a civil complaint in a district court, the inmate must either
pay the entire filing fee or request leave to proceed in forma pauperis “without
prepayment of fees or security therefor” under 28 U.S.C. § 1915(a)(1). 	Prison Litigation
Reform Act of 1995 (“PLRA”), 28 U.S.C. § 1915(a)-(h). 	Plaintiff’s Motion for Delay in
Paying Full Filing Fee states he needs an additional thirty days to submit the full fee.
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(Doc. 3, at PageID 22). 	The Motion also suggests that Plaintiff intends to wait for a
ruling on his request for preliminary injunctive relief before he pays the required filing
fee and/or submits an operative Complaint. 	(Id.)
The Court DENIES Plaintiff’s Motion for Delay in paying the filing fee (Doc. 3).
As a practical matter, the Notice of Deficiency already allows for an additional thirty
days to pay the required filing fee and/or submit an application to proceed without
prepayment of fees. 	Further, the Court cannot consider any motions for preliminary
injunctive relief until Plaintiff properly initiates this action by paying the filing fee or
obtaining in forma pauperis status and files a signed Complaint. 	See Benson v. Prairie
Farms Dairy, Inc., No. 2:17cv02748, 2018 WL 11476049, *2 (W.D. Tenn. May 21,
2018) (denying IFP status and noting that “[u]ntil Plaintiff pays the applicable filing fee”
all motions, including the motion for a preliminary injunction and/or a temporary
restraining order, are “premature”). 	See also Powell v. Rios, 241 F. App’x 500, 505 n.4
(10th Cir. 2007) (“[O]nly a properly-filed ‘complaint’ can commence a civil action.
Absent a properly-filed complaint, a court lacks power to issue preliminary injunctive
relief.” (citations omitted)); Ikner v. J. Scott Resources, No. 1:25cv1258, 2025 WL
1724797, *1 (N.D. Oh. June 20, 2025) (“Absent a properly filed complaint, a court lacks
the jurisdiction to issue preliminary injunctive relief.”).
In accordance with the January 9, 2026 Notice of Deficiency, Plaintiff is therefore
ORDERED to pay $405 ($350 filing fee plus $55 administrative fee) or submit to the
Court an in forma pauperis application and certified copy of Plaintiff’s prison trust fund
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account statement (or institutional equivalent) for the prior six-month period on or by
February 9, 2026. 	If Plaintiff elects to pay the required filing fee, the Court must
receive the entire $405 fee within that time period. 	The CLERK is DIRECTED to
provide Plaintiff with an Application and Affidavit By Incarcerated Person to Proceed
Without Prepayment of Fees form. 	The CLERK is further DIRECTED to send a copy
of this Order to the cashier of the prison at which Plaintiff is confined.
If Plaintiff fails to comply with this Order, the Court may dismiss this case
for want of prosecution. 	In re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir.
1997). 	If Plaintiff’s case is dismissed for failure to comply with this Order, the case will
not be reinstated to the Court’s active docket despite the payment of the filing fee. 	Id.
Should Plaintiff need additional time to comply with this Order, he should file a motion
for an extension of time.
IT IS SO ORDERED.
s/ Caroline H. Gentry
Caroline H. Gentry
United States Magistrate Judge
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