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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 19-11645
Non-Argument Calendar
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D.C. Docket No. 2:18-cv-02018-LCB-JHE
DEMITRIUS WAYNE FRITH,
a.k.a. Demitrius Wayne Alexander,
Plaintiff - Appellant,
versus
CHRISTOPHER CURRY,
Sheriff of Shelby County, Alabama,
Defendant - Appellee.
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Appeal from the United States District Court
for the Northern District of Alabama
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(May 4, 2020)
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Before JILL PRYOR, GRANT and LUCK, Circuit Judges.
PER CURIAM:
Demitrius Frith, a state inmate proceeding pro se, appeals the district court’s
sua sponte dismissal of his civil rights complaint against the Sheriff of Shelby
County, Alabama. The district court dismissed Frith’s suit under the Prison
Litigation Reform Act (“PLRA”) for failure to prosecute because he failed to pay
his initial partial in forma pauperis (“IFP”) filing fee. Because the court took
reasonable steps to determine why Frith failed to comply with its order, it did not
abuse its discretion by dismissing Frith’s complaint without prejudice. Thus, we
affirm the district court’s dismissal.
Frith filed a complaint under 42 U.S.C. § 1983 against the Sheriff, alleging
malicious prosecution, false imprisonment, and intentional infliction of emotional
distress. Frith alleged that the Sheriff illegally detained him for several months at
the Shelby County jail for an obstruction of justice violation related to a case that
was later dismissed. He alleged that the pretrial detainment violated his Eighth and
Fourteenth Amendment rights.
Frith moved for leave to proceed in forma pauperis. The magistrate judge
granted his motion and ordered him to pay an initial partial filing fee of $3.16 to
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commence the action.1 To that end, the court required Frith to submit, within 30
days of the order, the initial partial filing fee along with a signed inmate consent
form to authorize the court to collect additional payments from his inmate account
at the prison until the full amount of the filing fee was satisfied. The magistrate
judge warned that if Frith failed to comply, his complaint may be dismissed
without further notice. Frith filed a signed consent form but did not pay the initial
partial filing fee.
Three days later, the magistrate judge entered an order noting that Frith had
returned the consent form but failed to pay the initial partial filing fee within the
allotted time. The order directed Frith to pay the $3.16 within 14 days, cautioning
that his complaint may be dismissed without further notice if he did not comply.
Over a month later, the district court dismissed Frith’s complaint without prejudice
for failure to prosecute because he had failed to pay the initial partial filing fee or
respond to the magistrate judge’s order. Frith appealed the dismissal. 2
1
The PLRA requires an incarcerated person bringing a civil action IFP to pay the full
filing fee. 28 U.S.C. § 1915(b). This provision applies to “any person incarcerated or detained
in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for,
violations of criminal law.” Id. § 1915(h). Although liable for the entire fee, the incarcerated
person who is unable to pay the entire fee may “pay . . . in installments.” Wilson v. Sargent,
313 F.3d 1315, 1318 (11th Cir. 2002).
2
We note that the appellee did not file a brief in this case. See 11th Cir. R. 42-
2(f) (“When an appellee fails to file a brief by the due date . . . the appeal will be submitted to the
court for decision without further delay.”).
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We review the district court’s dismissal of an action for failure to comply
with its IFP order for abuse of discretion. Wilson v. Sargent, 313 F.3d 1315, 1318
(11th Cir. 2002). Generally, abuse of discretion review requires this Court to
affirm unless it determines that the district court made a clear error of judgment or
applied the wrong legal standard. Rance v. Rocksolid Granit USA, Inc., 583 F.3d
1284, 1286 (11th Cir. 2009). Although we construe pro se pleadings liberally, pro
se litigants are nonetheless expected to comply with procedural requirements.
Albra v. Advan, Inc., 490 F.3d 826, 829 (11th Cir. 2007).
Before dismissing a prisoner’s complaint for failure to comply with an IFP
order directing the payment of an initial partial filing fee, the district court must
take reasonable steps to determine whether the prisoner complied with the order by
authorizing payment by prison officials. Wilson, 313 F.3d at 1320-21. Steps the
court can take include issuing a show-cause order, allowing objections to the
magistrate judge’s report, communicating with prison officials, and issuing an
order to the custodial institution. Id. at 1321.
Ordinarily, a complaint should not be dismissed for failure to pay the filing
fee when the district court determines that the inmate executed a consent form
authorizing prison officials to remit the fee from the inmate’s funds when the funds
became available. Id. Proof that the inmate authorized payment typically confirms
that nonpayment was not the inmate’s fault but rather the result of prison officials’
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inaction or a lack of funds in the inmate’s account. Id. The concern underlying the
duty to inquire is that a pro se inmate could be prejudiced by the prison’s inaction
even though he took all the appropriate steps to get the fee paid. See id. at 1321-
22.
In this case, Frith submitted a signed consent form, but he failed to provide
the partial payment or respond the magistrate judge’s order, which was akin to an
order to show cause why he had not remitted payment. Because Frith did not
respond despite two warnings from the court that a failure to comply could result
in the dismissal of his complaint, the district court properly exercised its discretion
in dismissing the complaint.
We conclude that the district court took reasonable steps to determine
whether Frith complied with the magistrate judge’s order directing the payment of
the initial partial filing fee. The court therefore did not abuse its discretion by
dismissing the case without prejudice after Frith failed to comply.
AFFIRMED.
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