Woods v. Burnett et al

Filing 3

ORDER directing the Plaintiff to submit within 30 days of entry of this Order either the $350 filing fee in full, or file a properly completed Application to Proceed In Forma Pauperis, along with a properly completed prisoner calculation sheet. Plaintiff is reminded that the failure to timely & properly comply with any portion of this Order will result in the dismissal of this case, without prejudice, pursuant to Local Rule 5.5(c)(2). Signed by Magistrate Judge J. Thomas Ray on 3/22/2010. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION JOSIE MAE WOODS V. PATTIJO BURNETTE, Nurse and MATT HALL, Officer, Craighead County Detention Center 3:10CV00050 JMM/JTR PLAINTIFF DEFENDANTS ORDER Plaintiff, Josie Mae Woods, who is currently confined in the Craighead County Detention Center, has filed a pro se1 1983 Complaint. See docket entry #1. The filing fee for commencing a 1983 action in federal court is $350. Plaintiff has neither paid the filing fee nor filed an Application to Proceed In Forma Pauperis. If Plaintiff wishes to pursue this action, she must, within thirty days of the entry of this Order, either: (1) pay the $350 filing fee in full; or (2) file a properly Plaintiff is hereby notified of his responsibility to comply with Local Rule 5.5(c)(2), which states: "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." Plaintiff is also advised of Fed. R. Civ. P. 41(b), which provides that a court may sua sponte dismiss a case for the "failure of the plaintiff to prosecute or to comply with these rules or any order of the court." Finally, Plaintiff is notified of 28 U.S.C. 1915(g), which provides that a prisoner may not proceed with a civil suit in forma pauperis "if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 1 completed Application to Proceed In Forma Pauperis,2 along with a properly completed prisoner calculation sheet.3 IT IS THEREFORE ORDERED THAT: 1. The Clerk is directed to send Plaintiff an Application to Proceed In Forma Pauperis along with a prison calculation sheet. 2. Plaintiff shall, within thirty days of the entry of this Order, either: (1) pay the $350 filing fee in full; or (2) file a properly completed Application to Proceed In Forma Pauperis, along with a properly completed prisoner calculation sheet. 3. Plaintiff is reminded that the failure to timely and properly comply with any portion of this Order will result in the dismissal of this case, without prejudice, pursuant to Local Rule 5.5(c)(2). Dated this 22nd day of March, 2010. UNITED STATES MAGISTRATE JUDGE The Prison Litigation Reform Act provides that a prisoner who is permitted to file a civil action in forma pauperis still must pay the full statutory filing fee of $350. 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. Plaintiff must sign the Application to Proceed In Forma Pauperis. In contrast, the prisoner calculation sheet must be prepared and signed by an authorized official at the Craighead County Detention Facility -23 2

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