Yolonda Deyvonne Burt v. Stan Yates

Plaintiffs complaint was dismissed sua sponte by the district court for failure to pay the partial initial filing fee. There is nothing in the record to indicate that the district court took any steps to ascertain whether the failure to pay was within the prisoner’s control, as required by Wilson v. Sargent, 313 F.3d 1315, 1321 (11th Cir. 2002). Nor is there anything in the record to indicate that the plaintiff was aware of the local rule of procedure, M.D. Fla. Local Rule of Procedure 1.03(e), upon which the district court relied in dismissing plaintiffs complaint, as required by Czetli v.…