Johnson v. Philling et al
ORDER Plaintiff's Application to Proceed In Forma Pauperis (Doc. 2 ) is denied without prejudice. Plaintiff's January 3, 2013 Motion for Status (Doc. 5 ) is granted to the extent that this Order informs Plaintiff of the status of this cas e. Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a certified six-month trust account statement. If Plaintiff fails to either pay the $350.00 filing fee or file a complete Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this action without prejudice and without further notice to Plaintiff. The Clerk of the Court must mail Plaintiff a court-approved form for filing an Application to Proceed In Forma Pauperis (Non-Habeas). Signed by Senior Judge Robert C Broomfield on 1/25/2013. (KMG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Mark Anthony Johnson,
No. CV 12-2523-PHX-RCB (SPL)
Sergeant Philling, et al.,
Plaintiff Mark Anthony Johnson, who is confined in the Maricopa County Fourth
Avenue Jail, has filed a pro se civil rights Complaint pursuant to 42 U.S.C. § 1983 and
an Application to Proceed In Forma Pauperis (Doc. 2). On December 17, 2012, Plaintiff
filed a Supplement to the Complaint. The Court will deny the deficient Application to
Proceed and will give Plaintiff 30 days to pay the fee or file a complete Application to
Proceed In Forma Pauperis.
On January 4, 2013, Plaintiff filed a Motion for Status (Doc. 5). The Court will
grant the Motion to the extent this Order informs Plaintiff of the status of this case.
Payment of Filing Fee
lump sum or, if granted the privilege of proceeding in forma pauperis, pay the fee
When bringing an action, a prisoner must either pay the $350.00 filing fee in a
incrementally as set forth in 28 U.S.C. § 1915(b)(1). An application to proceed in forma
pauperis requires an affidavit of indigence and a certified copy of the inmate’s trust
account statement for the six months preceding the filing of the Complaint. 28 U.S.C.
§ 1915(a)(2). An inmate must submit statements from each institution where the inmate
was confined during the six-month period. Id. To assist prisoners in meeting these
requirements, the Court requires use of a form application. LRCiv 3.4(a).
If a prisoner is granted leave to proceed in forma pauperis, the Court will assess an
initial partial filing fee of 20% of either the average monthly deposits or the average
monthly balance in Plaintiff’s account, whichever is greater. 28 U.S.C. § 1915(b)(1). An
initial partial filing fee will only be collected when funds exist. 28 U.S.C. § 1915(b)(4).
The balance of the fee will be collected in monthly payments of 20% of the preceding
month’s income credited to an inmate’s account, each time the amount in the account
exceeds $10.00. 28 U.S.C. § 1915(b)(2).
Application Fails to Comply With Statute
Plaintiff has used the court-approved form, but the “Certificate of Correctional
Official as to Status of Applicant’s Trust Account” section is not completed, and Plaintiff
has not submitted a certified six-month trust account statement.
deficiencies, the Court will deny the Application to Proceed and will give Plaintiff 30
days to either pay the $350.00 filing fee or file a complete Application to Proceed In
In light of these
Plaintiff must file and serve a notice of a change of address in accordance with
Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion
for other relief with a notice of change of address. Failure to comply may result in
dismissal of this action.
Plaintiff must submit an additional copy of every filing for use by the Court. See
LRCiv 5.4. Failure to comply may result in the filing being stricken without further
notice to Plaintiff.
If Plaintiff fails to timely comply with every provision of this Order, including
these warnings, the Court may dismiss this action without further notice. See Ferdik v.
Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action
for failure to comply with any order of the Court).
IT IS ORDERED:
Plaintiff’s Application to Proceed In Forma Pauperis (Doc. 2) is denied
Plaintiff’s January 3, 2013 Motion for Status (Doc. 5) is granted to the
extent that this Order informs Plaintiff of the status of this case.
Within 30 days of the date this Order is filed, Plaintiff must either pay the
$350.00 filing fee or file a complete Application to Proceed In Forma Pauperis and a
certified six-month trust account statement.
If Plaintiff fails to either pay the $350.00 filing fee or file a complete
Application to Proceed In Forma Pauperis within 30 days, the Clerk of Court must enter
a judgment of dismissal of this action without prejudice and without further notice to
The Clerk of the Court must mail Plaintiff a court-approved form for filing
an Application to Proceed In Forma Pauperis (Non-Habeas).
DATED this 25th day of January, 2013.
Instructions for Prisoners Applying for Leave to Proceed in Forma Pauperis
Pursuant to 28 U.S.C. § 1915 in a Civil Action (Non-habeas) in Federal Court
You must pay the full filing fee of $350.00 for a civil action. If you later file an appeal,
you will be obligated to pay the $455.00 filing fee for the appeal.
If you have enough money to pay the full filing fee, you should send a cashier’s check
or money order payable to the Clerk of the Court with your complaint, petition, or notice of
If you do not have enough money to pay the full filing fee, you can file the action
without prepaying the filing fee. However, the court will assess an initial partial filing fee. The
initial partial filing fee will be the greater of 20% of the average monthly deposits or 20% of the
average monthly balance in your prison or jail account for the six months immediately
preceding the filing of the lawsuit. The court will order the agency that has custody of you to
withdraw the initial partial filing fee from your prison or jail account as soon as funds are
available and to forward the money to the court.
After the initial partial filing fee has been paid, you will owe the balance of the filing fee.
Until the filing fee is paid in full, each month you will owe 20% of your preceding month's
income. The agency that holds you in custody will collect that money and forward it to the
court any time the amount in your account exceeds $10.00. The balance of the filing fee may
be collected even if the action is later dismissed, summary judgment is granted against you, or
you fail to prevail at trial.
To file an action without prepaying the filing fee, and to proceed with an action in forma
pauperis, you must complete the attached form and return it to the court with your complaint.
You must have a prison or jail official complete the certificate on the bottom of the form and
attach a certified copy of your prison or jail account statement for the last six months. If you
were incarcerated in a different institution during any part of the past six months, you must
attach a certificate and a certified copy of your account statement from each institution at which
you were confined. If you submit an incomplete form or do not submit a prison or jail account
statement with the form, your request to proceed in forma pauperis will be denied.
Even if some or all of the filing fee has been paid, the court is required to dismiss your
action if: (1) your allegation of poverty is untrue; (2) the action is frivolous or malicious; (3)
your complaint does not state a claim upon which relief can be granted; or (4) your complaint
makes a claim against a defendant for money damages and that defendant is immune from
liability for money damages.
If you file more than three actions or appeals which are dismissed as frivolous or
malicious or for failure to state a claim on which relief can be granted, you will be prohibited
from filing any other action in forma pauperis unless you are in imminent danger of serious
Name and Prisoner/Booking Number
Place of Confinement
City, State, Zip Code
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
, ) CASE NO.
APPLICATION TO PROCEED
IN FORMA PAUPERIS
BY A PRISONER
, declare, in support of my request to proceed in the above
entitled case without prepayment of fees under 28 U.S.C. § 1915, that I am unable to pay the fees for these
proceedings or to give security therefor and that I believe I am entitled to relief.
In support of this application, I answer the following questions under penalty of perjury:
Have you ever before brought an action or appeal in a federal court while you were incarcerated or detained?
GYes GNo If "Yes," how many have you filed?
Were any of the actions or appeals dismissed because they were frivolous, malicious, or failed to state a
If "Yes," how many of them?
claim upon which relief may be granted? GYes GNo
Are you currently employed at the institution where you are confined?
If "Yes," state the amount of your pay and where you work.
Do you receive any other payments from the institution where you are confined?
If "Yes," state the source and amount of the payments.
Do you have any other sources of income, savings, or assets either inside or outside of the institution where
you are confined?
If "Yes," state the sources and amounts of the income, savings, or assets.
I declare under penalty of perjury that the above information is true and correct.
SIGNATURE OF APPLICANT
CONSENT TO COLLECTION OF FEES FROM TRUST ACCOUNT
, hereby consent to having the designated correctional officials at this
institution release to the Court my trust account information. I further consent to having the designated
correctional officials at this institution withdraw from my trust account the funds required to comply with the
order of this Court for the payment of filing fees in accordance with 28 U.S.C. § 1915(b).
My consent includes withdrawal from my account by correctional officials of partial initial payments to this
Court equal to 20% of the greater of:
(A) the average monthly deposits to my account for the six-month period preceding my filing of this
(B) the average monthly balance in my account for the six-month period preceding my filing of this
My consent also includes monthly withdrawals from my account by correctional officials of an amount equal
to 20% of each month’s income. Whenever the amount in my account reaches $10.00, correctional officials will
withdraw that amount and forward it to the Court until the required filing fee is paid in full. I understand that I
am liable for paying the entire fee, even if my case is dismissed by the Court before the fee is fully paid.
SIGNATURE OF APPLICANT
CERTIFICATE OF CORRECTIONAL OFFICIAL
AS TO STATUS OF APPLICANT’S TRUST ACCOUNT
, certify that as of the date applicant signed this application:
(Printed name of official)
The applicant’s trust account balance at this institution is:
The applicant’s average monthly deposits during the prior six months is:
The applicant’s average monthly balance during the prior six months is:
The attached certified account statement accurately reflects the status of the applicant’s account.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?