Gray et al v. McKann et al

Filing 2

ORDER directing the Plaintiffs to submit either the $350 statutory filing fee or in forma pauperis applications within 30 days of the entry date of this Order. The Clerk is directed to send Plaintiffs the applications, together with the filing fee calculation sheets. Signed by Magistrate Judge Jerome T. Kearney on 4/11/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RUBBY JAMES GRAY, and
PAUL BASHFORD
v.

PLAINTIFFS
3:11-cv-00061-JMM-JTK

JACK MCKANN, et al.

DEFENDANTS
ORDER

Plaintiffs Gray and Bashford are state inmates who filed a Complaint (Doc. No. 1) pursuant
to 42 U.S.C. § 1983, without prepayment of the $350.00 filing fee and costs, or Applications to
Proceed In Forma Pauperis (IFP).
Under the Prison Litigation Reform Act of 1995 (“PLRA”), 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.
The PLRA requires that Plaintiffs submit proper and complete Applications to
Proceed In Forma Pauperis, along with calculation sheets prepared and signed by an
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authorized officer of the detention center. Plaintiffs must submit, within thirty (30) days
from entry of this Order, either: (1) the statutory filing fee of $350; or (2) proper and
complete Applications, with the required calculation sheets signed by an authorized
official of the detention center at which they are confined. Accordingly,
IT IS THEREFORE ORDERED that Plaintiffs must submit either the $350 statutory filing
fee or In Forma Pauperis applications within 30 days of the entry date of this Order.1
The Clerk is directed to send to the Plaintiffs In Forma Pauperis applications, together with
the filing fee calculation sheets.
DATED this 11th day of April, 2011.

_____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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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
Civil Procedure.”
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