Swiney v. Boyd et al

Filing 5

ORDER re 3 MOTION for Leave to Proceed in forma pauperis filed by Travis W Swiney. If Mr. Swiney wishes to go forward with this case, he must file a complete application to proceed in forma pauperis or pay a $400.00 filing fee within thirty days of the date of this Order. The Clerk of Court is directed to forward Mr. Swiney an in forma pauperis application, along with a copy of this Order. Signed by Magistrate Judge Beth Deere on 05/24/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
TRAVIS W. SWINEY
V.

PLAINTIFF
CASE NO. 3:13CV00116 DPM/BD

MARTY BOYD and
JOE BOBO

DEFENDANTS
ORDER

Plaintiff Travis W. Swiney, an inmate in the Craighead County Jail, filed a pro se
complaint under 42 U.S.C. § 1983. (Docket entry #1) He has filed an incomplete
application for leave to leave to proceed in forma pauperis. (#3) If he wants to proceed
in forma pauperis, Mr. Swiney must file a complete application and a calculation sheet
prepared and signed by an authorized officer of the correctional facility where he is being
held.
Under the Prison Litigation Reform Act, even if Mr. Swiney is allowed to proceed
in forma pauperis, he still must pay the $350 filing fee. 28 U.S.C. §1915(b)(1). The only
question is how the filing fee will be collected.
Based on information in the application and calculation sheet, the Court will assess
an initial, partial filing fee if Mr. Swiney 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. Swiney wishes to go forward with this case, he must file a complete
application to proceed in forma pauperis or pay a $400.00 filing fee within thirty days of
the date of this Order.1 The Clerk of Court is directed to forward Mr. Swiney an in forma
pauperis application, along with a copy of this Order. Otherwise, the lawsuit will be
dismissed.2
IT IS SO ORDERED this 24th day of May, 2013.

____________________________________
UNITED STATES MAGISTRATE JUDGE

1

Effective May 1, 2013, the cost of filing a civil lawsuit in federal court was
increased from $350.00 to $400.00. However, if an individual is granted in forma
pauperis status, the additional $50.00 is waived, and the filing fee remains $350.00.
2

Local Rule 5.5(c)(2) includes requirements for parties who are not represented
by counsel. They must: promptly notify the Clerk and the other parties in the case of any
change in address; monitor the progress of the case and to prosecute or defend the case
diligently; sign all pleadings and include a current address, zip code, and telephone
number; and be familiar with and follow both Local Rules and the Federal Rules of Civil
Procedure. Any plaintiff not represented by counsel must respond to communications
from the Court within thirty (30) days, or the case can be dismissed.
2