Barber v. Harold et al
ORDER, re 1 Complaint filed by Larry Dray Barber, advising Plaintiff that he must either pay the statutory $350 filing fee or file an application to proceed in forma pauperis within 30 days of the date of this Order. Also, Mr. Barber is order ed to file an Amended Complaint within 30 days of the date of this Order setting forth the information requested. Failure to comply with this Order may result in dismissal of this case w/o prejudice. Signed by Magistrate Judge Beth Deere on 6/6/2011. (jct)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LARRY DRAY BARBER
CASE NO. 3:11CV00097 BRW/BD
OIC HAROLD, et al.
Plaintiff Larry Dray Barber filed this case under 42 U.S.C. § 1983 (docket entry
#1) on June 3, 2011. Upon review of the record, the Court notes that Mr. Barber has not
filed a motion to proceed in forma pauperis or paid the filing fee.
The filing fee for a complaint under 42 U.S.C. § 1983 is $350.00. Under the
Prison Litigation Reform Act (“PLRA”), a prisoner who is allowed to file a civil case in
forma pauperis still must pay the filing fee. 28 U.S.C. §1915(b)(1). The only question is
whether he must pay the entire filing fee at the start of the lawsuit or in installments over
a period of time.
If he wants to proceed in forma pauperis, Mr. Barber must file an application and a
calculation sheet prepared and signed by an authorized officer of the correctional facility
where he is being held. Based on information in the application and calculation sheet, the
Court will assess an initial, partial filing fee if Mr. Barber has enough money in his prison
trust account. The rest of the filing fee will then be collected in monthly payments until it
is paid in full. 28 U.S.C § 1915(b)(1)-(2). If the case is dismissed for any reason before
trial, the full amount of the $350.00 filing fee will still be collected, and no part of the
filing fee will be refunded.
So, if Mr. Barber wishes to go forward with this case, he must file an application
to proceed in forma pauperis or pay the $350.00 filing fee within thirty days of the date of
this Order. The Clerk of Court is directed to forward Mr. Barber an in forma pauperis
application, along with a copy of this Order.
Mr. Barber claims that an officer at the Craighead County Jail used excessive force
against him and that his medical needs have been ignored, but he does not identify the
individuals responsible for the conduct that caused him harm. For that reason, Mr. Barber
is ordered to file an amended complaint. In the amended complaint, Mr. Barber should
specifically name those individuals who caused him to suffer injury.
In addition, Mr. Barber names the Craighead County Jail as a Defendant in this
lawsuit; but a jail is not an entity that can be sued under § 1983. See La Garza v.
Kandiyohi County Jail, 18 Fed. Appx. 436 (8th Cir. 2001) (unpub. table op.) (affirming
dismissal of county jail on grounds that a jail is not an entity subject to suit under § 1983).
For that reason, the Craighead County Jail is not a proper defendant. Mr. Barber must file
his amended complaint within thirty (30) days.
Failure to comply with this Order may result in dismissal of this case without
prejudice under Local Rule 5.5(c)(2).
IT IS SO ORDERED this 6th day of June, 2011.
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?