Cheatham (ID 2000064842) v. Easley et al

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I N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
RYAN CHRISTOPHER CHEATHAM,
Plaintiff,
v. 	CASE NO. 25-3218-JWL
TIM EASLEY, et al.,
Defendants.
MEMORANDUM AND ORDER
This is a pro se civil action brought by Plaintiff Ryan Christopher Cheatham, a state prisoner
incarcerated at El Dorado Correctional Facility (“EDCF”) in El Dorado, Kansas. It began on October
9, 2025, when the Court received from Plaintiff a complaint (Doc. 1), a motion for leave to proceed in
forma pauperis (Doc. 2), and a motion for an order directing EDCF to provide him with the account
statement required to support his motion for leave to proceed in forma pauperis (Doc. 3). The following
day, the Court issued a memorandum and order (“M&O”) denying the motion for an order directing
EDCF to provide Plaintiff with the account statement. (Doc. 4.) The M&O granted Plaintiff to and
including November 10, 2025 in which to either pay the full $405.00 filing fee or submit the required
account statement. Id. at 2-3. It also advised Plaintiff that if he “experiences difficulty obtaining the
account statement, he should so inform the Court, in writing and prior to the deadline for compliance
with this order.” Id. at 2. The M&O clearly cautioned Plaintiff: “The failure to comply with this order
will result in the dismissal of this matter without further prior notice to Plaintiff.” Id.
The deadline set in the M&O passed without the Court receiving from Plaintiff payment of the
filing fee, the required account statement for filing in this matter, or any written notice that Plaintiff
had difficulty obtaining the account statement. Thus, on November 13, 2025, the Court dismissed this
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case without prejudice under Federal Rule of Civil Procedure 41(b). (Doc. 5.) Judgment was entered
the same day. (Doc. 6.)
On November 19, 2025, the Court received from Plaintiff a motion for reconsideration of the
dismissal. (Doc. 7.) Therein, Plaintiff asserts that he asked EDCF staff to e-file the required inmate
account information and he was assured by staff that it was filed on November 5, 2025. Id. The exhibits
to the motion for reconsideration support Plaintiff’s assertions. (Doc. 7-1.)
Plaintiff has multiple civil rights actions currently pending in this Court and it appears from
the Court’s independent investigation that the account information was filed in another case, Case No.
25-3241, on November 6, 2025. It was not filed in this case. Moreover, the attachments to Plaintiff’s
motion for reconsideration do not reflect that he included a case number in his request for e-filing of
the account information or on the accompanying motion for leave to proceed in forma pauperis,
although portions of the exhibits are marked through. Plaintiff is advised that in the future, he must
ensure that each deadline set in each case is timely satisfied and that submissions to this Court for filing
clearly indicate the case number in which Plaintiff wishes to file the documents. Based on the
information in the Court’s records, in the motion for reconsideration, and in the attachments thereto,
however, the Court will grant the motion for reconsideration. Plaintiff’s request in the motion that he
be allowed to present oral argument is denied because oral argument on the motion is unnecessary.
The Court will direct the clerk to reopen this matter, to vacate the November 13, 2025
memorandum and order (Doc. 5) dismissing this matter and denying the pending motion to proceed in
forma pauperis as moot, and to vacate the judgment (Doc. 6) entered the same day. The Court also has
reconsidered the motion for leave to proceed in forma pauperis (Doc. 2) in light of the inmate account
statement filed in Case No. 25-3241 on November 6, 2025 and will grant the motion and assess an
initial partial filing fee, due on or before December 22, 2025.
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IT IS THEREFORE ORDERED THAT the motion for reconsideration (Doc. 7) is granted.
The Clerk of Court is directed to reopen this matter, to vacate the November 13, 2025 Memorandum
and Order (Doc. 5) dismissing this matter and denying as moot the motion to proceed in forma pauperis,
and to vacate the Judgment (Doc. 6) entered the same day.
IT IS FURTHER ORDERED THAT Plaintiff's motion to proceed in forma pauperis (Doc.
2) is granted. In light of the financial information Plaintiff submitted in Case No. 25-3241-JWL, the
Court assesses an initial partial filing fee of $23.00, calculated under 28 U.S.C. § 1915(b)(1). Plaintiff
is granted to and including December 22, 2025, to submit the initial partial filing fee. Any objection to
this order or motion for extension of time to pay the initial partial filing fee must be filed on or before
the date payment is due. The failure to pay the fee as directed will result in the dismissal of this matter
without further notice. Plaintiff remains obligated to pay the remainder of the $350.00 filing fee. The
agency having custody of Plaintiff shall forward payments from Plaintiff's account in installments
calculated under 28 U.S.C. § 1915(b)(2). The clerk is to transmit a copy of this order to Plaintiff, to
the finance office at the institution where Plaintiff is currently confined, and to the Court's finance
office.
IT IS SO ORDERED.
Dated on this 20th day of November, 2025, in Kansas City, Kansas.
s/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge
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