Ward v. Craighead County Jail et al

Filing 2

ORDER directing the Plaintiff to submit, no later than 30 days after the entry of this Order, either the $350 statutory filing fee, or to complete & sign an in forma pauperis application, & submit it to the Court, along with an inmate trust fund calculation sheet & certificate signed by an authorized official. Plaintiff's failure to do so will result in the recommended dismissal of her complaint. Service is not appropriate for Defendants at this time. Signed by Magistrate Judge H. David Young on 3/30/09. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION SANDRA K. WARD A/K/A SANDRA K. NOLEN ADC #704737 V. NO: 3:09CV00041 BSM/HDY DEFENDANTS ORDE R Plaintiff, currently incarcerated at the McPherson Unit of the Arkansas Department of Correction, filed a pro se complaint pursuant to 42 U.S.C. 1983, Mach 30, 2009 (docket entry #1). Plaintiff did not pay the $350.00 filing fee, or submit an application for leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a). Under the Prison Litigation Reform Act of 1995, a prisoner who is permitted to file a civil action in forma pauperis still must pay the full statutory filing fee of $350.00. 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 section 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 $350.00 filing fee will be collected and no portion of this filing fee will be refunded to the prisoner. 1 PLAINTIFF CRAIGHEAD COUNTY JAIL et al. So that the Court can determine how the $350.00 filing fee will be paid, Plaintiff is required to submit, within thirty (30) days of this order's entry date, either the full statutory filing fee, or a properly completed application for leave to proceed in forma pauperis, along with a calculation sheet and certificate, prepared and executed by an authorized official at the incarcerating facility. Based on this information, the Court will assess an initial partial filing fee if sufficient funds exist, and will also direct the future collection of monthly installment payments from Plaintiff's account until the filing fee is paid in full. Id. 1915(b)(1) and (2). However, no prisoner will be prohibited from bringing a civil action because he "has no assets and no means by which to pay the initial partial filing fee." Id. 1915(b)(4). IT IS THEREFORE ORDERED THAT: 1. The Clerk is directed to forward an in forma pauperis application, certificate, and calculation sheet, to Plaintiff. 2. Plaintiff is directed to submit, no later than thirty (30) days after the entry of this order, either the $350.00 statutory filing fee, or to complete and sign the in forma pauperis application, and submit it to the Court, along with an inmate trust fund calculation sheet and certificate signed by an authorized official. recommended dismissal of her complaint. 3. Service is not appropriate for Defendants at this time. 30 day of March, 2009. Plaintiff's failure to do so will result in the DATED this UNITED STATES MAGISTRATE JUDGE 2

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