Hopkins v. McClung et al

Filing 3

ORDER advising Mr. Hopkins if he wishes to go forward with this case, he must file an application to proceed in forma pauperis, or pay the $350 filing fee within 30 days of the date of this Order. The Clerk is directed to foward Plaintiff an in forma pauperis application, along with a copy of this Order. Signed by Magistrate Judge Beth Deere on 7/13/2011. (jct)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MATTHEW HOPKINS
ADC # 135520
V.

PLAINTIFF
CASE NO. 3:11CV00136 JLH/BD

GERALD MCCLUNG, et al.

DEFENDANTS

ORDER
Plaintiff Matthew Hopkins filed this case under 42 U.S.C. § 1983 (docket entry #1)
on July 11, 2011. Upon review of the record, the Court notes that Mr. Hopkins 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 entire filing fee. 28 U.S.C. §1915(b)(1). The only
question is whether he must pay all of the fee at the start of the lawsuit or in installments
over time.
If Mr. Hopkins wants to proceed in forma pauperis, he 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. Hopkins 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 entire $350.00 will still be collected, and no part of the filing
fee will be refunded.
So, if Mr. Hopkins 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. Hopkins an in forma pauperis
application, along with a copy of this Order.
IT IS SO ORDERED this 13th day of July, 2011.

____________________________________
UNITED STATES MAGISTRATE JUDGE

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