Spencer v. Phillips et al
ORDER directing the plaintiff to submit either the $350 statutory filing fee oran ifp application and calculation sheet within 30 days of the entry of this Order. The Clerk is directed to send to Plaintiff an ifp application and calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 4/5/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
S. PHILLIPS, et al.
Plaintiff is a federal prisoner who has not filed a proper Motion to Proceed In Forma
Pauperis in order to commence a pro se Bivens civil rights action without prepayment of the $350.00
filing fee and costs.
According to the Prison Litigation Reform Act (PLRA), a prisoner who is allowed to file
a civil action in forma pauperis still must pay the full amount of the $350 filing fee. See 28
U.S.C. § 1915(b)(1). Furthermore, before docketing the complaint or, as soon thereafter as
practicable, the Court must review the complaint to identify cognizable claims or dismiss the
complaint if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief may be
granted; or (3) seeks monetary relief against a defendant who is immune from such relief. See 28
U.S.C. § 1915A. If the case is dismissed for any of these reasons, there is no provision in the
Act for a refund of any portion of the filing fee to the prisoner.
Under the Act, in order for the Court to determine how the $350 filing fee will be paid, the
prisoner is required to submit a calculation sheet prepared and executed by an authorized official
of the incarcerating facility. This calculation sheet reflects the deposits and monthly balances in the
inmate’s trust account at the facility during the six-month period immediately preceding the filing
of the complaint. See 28 U.S.C. § 1915(a)(2). However, the Act also provides that in no event
shall a prisoner be prohibited from bringing a civil action because he “has no assets and no
means by which to pay the initial partial filing fee.” 28 U.S.C. § 1915(b)(3).
IT IS THEREFORE ORDERED THAT Plaintiff must submit either the $350 statutory filing
fee or an in forma pauperis application, with the required calculation sheet signed by an authorized
official of the prison, within thirty (30) days of the entry date of this Order.1
The Clerk is directed to send to Plaintiff an in forma pauperis application and calculation
DATED this 5th day of April, 2012.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
The Plaintiff is hereby notified of his responsibility to comply with the Local Rules of the Court,
including Rule 5.5(c)(2), which states: “. . . If any communication from the Court to a pro se
plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice.
Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of
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