Young v. Neal

Filing 10

ORDER allowing Plaintiff to proceed in forma pauperis. The Clerk shall prepare summons and the USM shall serve Defendants Neal and Curruth without prepayment of costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 1/20/2016. (lej)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
COURTNEY L. YOUNG
ADC # 156347
v.

PLAINTIFF
2:15CV00190-BRW-JJV

MICHAEL NEAL, Sheriff,
Monroe County

DEFENDANT
ORDER

On December 1, 2015, Plaintiff filed a 42 U.S.C. § 1983 and an Application to Proceed
Without Prepayment of Fees and Affidavit (“Application”). (Doc. Nos. 1-2.) That same day, I found
his Application incomplete and ordered Plaintiff to submit the proper forms within thirty (30) days.
(Doc. No. 3.) More than thirty days passed and, when Plaintiff failed to comply with my Order, I
recommended this action be dismissed. (Doc. No. 7.) Finally, in his Objections to that
recommendation. (Doc. No. 8.) Plaintiff submitted the necessary forms. Accordingly, he will be
granted in forma pauperis status. I will also direct service for the named Defendants.
I.

APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND
AFFIDAVIT
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

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Effective May 1, 2013, the cost for filing a new civil case is $400. The increase is due to
a new $50 administrative fee, which does not apply to persons granted in forma pauperis status
under 28 U.S.C. § 1915.
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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.
Based on information contained in a certified copy of Plaintiff’s Application and Calculation
Sheet, the Court shall assess an initial partial filing fee of $4.28. If the prisoner’s account does not
contain the full amount assessed as an initial partial filing fee, the Director of the Arkansas
Department of Correction shall withdraw from the account any portion of the initial filing fee
available, even if the account balance is under $10.00. Regardless of the balance in the account, the
Director of the Arkansas Department of Correction shall continue to withdraw funds until the initial
partial filing fee has been paid in full.
Upon payment of the initial partial filing fee, Plaintiff will be obligated to make monthly
payments in the amount of twenty percent (20%) of the preceding month's income credited to his
prison trust account each time the amount in the account exceeds $10.00. Plaintiff’s custodian is
requested to send to the Clerk of the Court the initial partial filing fee, and thereafter the monthly
payments from his prison trust account when the amount exceeds $10.00, until the statutory filing
fee is paid in full. 28 U.S.C. § 1915(b)(2).
II.

SERVICE
I conclude that, for screening purposes, Plaintiff has stated viable claims against Defendants

Michael Neal and Tiffany Curruth. These allegations are distributed across two amended complaints,
however. (Doc. Nos. 4-5.) In light of Plaintiff’s pro se status, I will allow these pleadings to be read
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jointly as a single Complaint. If Plaintiff elects to make any additional amendments to his claims,
however, I will require him to file a single, comprehensive Complaint.
III.

LOCAL RULE
Plaintiff is hereby notified of his duty to comply with the Local Rules of the Court. Of

particular note to pro se plaintiffs is Rule 5.5(C)(2), which states:
Parties appearing pro se. It is the duty of any party not represented by counsel to
promptly notify the Clerk and the other parties to the proceedings of any change in
his or her address, to monitor the progress of the case, and to prosecute or defend the
action diligently. A party appearing for himself/herself shall sign his/her pleadings
and state his/her address, zip code, and telephone number. 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 Civil Procedure.
Loc. R. 5.5(C)(2).
IV.

CONCLUSION
IT IS, THEREFORE, ORDERED that:
1.

Plaintiff will be allowed to proceed in forma pauperis.

2.

As Plaintiff’s present custodian, the Director of the Arkansas Department of

Correction or her designee shall collect from Plaintiff’s institutional account an initial partial filing
fee of $4.28 and forward that amount to the Clerk of this Court. The payment must be clearly
identified by the name and number assigned to this action.
3.

Thereafter, the Director of the Arkansas Department of Correction or her designee,

or any future custodian, shall collect from Plaintiff’s institutional account the balance of the filing
fee by collecting monthly payments equal to 20% of the preceding month's income credited to
Plaintiff’s account each time the amount in the account exceeds $10.00, and forward the payments
to the Clerk of the Court in accordance with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been

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collected and forwarded to the Clerk. The payments forwarded on Plaintiff’s behalf shall be clearly
identified by the name and number assigned to this action.
4.

The Clerk of the Court shall send a copy of this Order to: (1) the Warden of the

Varner Unit of the Arkansas Department of Correction, P.O. Box 600, Grady, AR 71644-0600; (2)
the ADC Trust Fund Centralized Banking Office, Post Office Box 8908, Pine Bluff, Arkansas
71611; and (3) the Arkansas Department of Correction Compliance Office, Post Office Box 20550,
Pine Bluff, Arkansas 71612-0550.
5.

The Clerk shall also prepare summons for Defendants Michael Neal and Tiffany

Curruth and the United States Marshal shall serve a copy of the Summons, Amended Complaints
(Doc. Nos. 4-5), and this Order on these Defendants without prepayment of costs or security
therefore. Service for both should be through the Monroe County Detention Center, 200 South Main
Street, Clarendon, AR 72029.
DATED this 20th day of January, 2016.

____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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