Ballard v. Nebraska Department of Corrections et. al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KEVIN L. BALLARD,
Plaintiff,
vs.
NEBRASKA DEPARTMENT OF
CORRECTIONS ET. AL,
Defendant.
8:25CV566
MEMORANDUM AND ORDER
This matter is before the Court on a motion (the “Motion”) filed by
Plaintiff Kevin L. Ballard (“Plaintiff”), an inmate at Tecumseh State
Correctional Institution. Filing No. 11. In his Motion Plaintiff seeks to extend
the deadline to comply with this Court’s November 26, 2025, Memorandum
and Order requiring Plaintiff to show cause no later than December 29, 2025,
as to why his case should not be dismissed for failure to pay the initial partial
filing fee of $1.38. See Filing No. 10. Plaintiff argues that, although he has
requested the funds be sent, the institution where he is housed has failed to
send his initial partial filing fee to this Court, and it appears he intended to
enclose a check for $1.38 with his Motion but no check was received. Filing No.
11 at 1. However, Plaintiff did not indicate how much additional time he
requires to comply. Id.
The Court further construes Plaintiff’s Motion as authorization to
release the initial partial filing fee of $1.38 from his trust account. Prison
officials may be directed by a court to collect federal filing fees from a prisoner’s
trust account when funds are available. See Ajamu v. Douglas Cnty., Nebraska,
No. 8:22CV347, 2023 WL 2162617, at *1 (D. Neb. Feb. 22, 2023) (citing Smith
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v. Huibregtse, 151 F. Supp. 2d 1040, 1042 (E.D. Wis. 2001) (directing prison
officials to pay the prisoner plaintiff’s initial partial filing fee in a 42 U.S.C. §
1983 action because funds “existed” in plaintiff’s trust account since plaintiff
received regular bi-monthly deposits)).
Upon consideration, Plaintiff’s motion for an extension of time is
granted. Plaintiff shall have an additional 30 days, or through and until
January 29, 2026, to pay his initial partial filing fee.
IT IS THEREFORE ORDERED that:
1. Plaintiff’s Motion, Filing No. 11, is granted. Plaintiff shall have
through and until January 29, 2026, to submit his $1.38 initial partial filing
fee in compliance with the Court’s November 26, 2025, show cause order, Filing
No. 10.
2. By January 29, 2026, Plaintiff’s institution shall deduct the
initial partial filing fee of $1.38 from Plaintiff's institutional account if such
funds are available and remit payment to the Clerk of Court.
3. After payment of the initial partial filing fee, Plaintiff’s institution
must collect the additional monthly payments in the manner set forth in 28
U.S.C. § 1915(b)(2) and forward those payments to the Court.
4. The Clerk’s office is directed to send a copy of this Memorandum
and Order to the appropriate official at Plaintiff’s institution.
5. The Clerk of Court shall terminate the December 29, 2025, check
for response to show cause order deadline, and shall set the following pro se
case management deadline of January 29, 2026: check for payment or
response to show cause order.
6. Plaintiff is reminded that it is his responsibility to ensure the
initial partial filing fee of $1.38 is paid. To the extent Plaintiff seeks additional
time to comply with this order he must file a written motion with this Court
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explaining why additional time is needed before the deadline for compliance
has passed.
Dated this 30th day of December, 2025.
BY THE COURT:
John M. Gerrard
Senior United States District Judge
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