Wiley et al v. Buchand et al
ORDER directing Plaintiff Smith to either submit $400 filing fee or an In Forma Pauperis Motion within 30 days of the entry of this Order; the Clerk is directed to send Plaintiff Smith an In Forma Pauperis Motion, together with the filing fee calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 1/6/2014. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
KENDRICK WILEY, ADC #139566,
and JEROME SMITH
MIKE BUCHAND, et al.
Plaintiffs Wiley and Smith are inmates who filed a Complaint (Doc. No. 2) pursuant to 42
U.S.C. § 1983. Although Plaintiff Wiley submitted a Motion to Proceed In Forma Pauperis (IFP)
(Doc. No. 1), Plaintiff Smith has not submitted the $400.00 filing fee or an IFP Motion.
Under the Prison Litigation Reform Act (“PLRA”), a prisoner who is permitted to file a civil
action in forma pauperis still must pay the full statutory filing fee of $350.1 28 U.S.C. § 1915(b)(1).
The only question is whether a prisoner will pay the entire filing fee at the initiation of the
proceeding or in installments over a period of time. Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir.
1998). Even if a prisoner is without assets and unable to pay an initial filing fee, he will be allowed
to proceed with his § 1983 claims and the filing fee will be collected by the Court in installments
from the prisoner’s inmate trust account. 28 U.S.C. § 1915(b)(4). If the prisoner’s case is
subsequently dismissed for any reason, including a determination that it is frivolous,
malicious, fails to state a claim, or seeks monetary relief against a defendant who is immune
from such relief, the full amount of the $350 filing fee will be collected and no portion of this
filing fee will be refunded to the prisoner.
Effective May 1, 2013, the statutory filing fee for civil actions increased to $400, due to the
implementation of a $50 administrative fee. This $50 fee does not, however, apply to in forma
The PLRA requires a Plaintiff to submit a proper and complete Motion to Proceed In Forma
Pauperis, along with calculation sheet prepared and signed by an authorized officer of the detention
center. Plaintiff Smith must submit, within thirty (30) days from entry of this Order, either: (1) the
statutory filing fee of $400; or (2) a proper and complete IFP Motion, with the required calculation
sheet signed by an authorized official of the detention center at which he is confined.
IT IS THEREFORE ORDERED that Plaintiff Smith must submit either the $400 statutory
filing fee or an In Forma Pauperis Motion within thirty days of the entry date of this Order.2
The Clerk is directed to send to Plaintiff Smith an In Forma Pauperis Motion, together with
the filing fee calculation sheet.
IT IS SO ORDERED this 6th day of January, 2014.
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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