Henry v. Hall et al
ORDER directing the Clerk to mail Plaintiff an Application to Proceed Without Prepayment of Fees and Affidavit and calculation sheet. Plaintiff shall submit within thirty days either the $400 statutory filing fee or a properly completed Application. The Clerk shall send a copy of this Order to the Craighead Detention Facility. Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 6/12/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ARCHIE W. HENRY
MATT HALL, Jail Administrator,
Craighead County Jail; et al.
Plaintiff Archie Henry, an inmate at the Craighead County Detention Facility, filed this
action pro se pursuant to 42 U.S.C. § 1983. However, his Complaint was unaccompanied by a filing
fee or a properly completed Application to Proceed Without Prepayment of Fees and Affidavit
(Application). If Plaintiff intends to pursue this matter, he must pay the statutory filing fee of $400
or submit a properly completed Application.1
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
Effective May 1, 2013, the statutory filing fee increased to $400, due to the implementation
of a $50 administrative fee. This fee, however, does not apply to plaintiffs who are granted in forma
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 Plaintiff submit a proper and complete Application to Proceed
Without Prepayment of Fees and Affidavit, along with a calculation sheet prepared and signed by
an authorized officer of the detention center. Plaintiff must submit, within thirty (30) days from
entry of this Order, either: (1) the statutory filing fee of $400; or (2) a proper and complete
Application, with the required calculation sheet signed by an authorized official of the
detention center at which he is confined.
IT IS THEREFORE ORDERED that:
The Clerk shall mail to Plaintiff an Application to Proceed Without Prepayment of
Fees and Affidavit and calculation sheet.
Plaintiff shall submit within thirty (30) days of entry of this Order either: (1) the $400
statutory filing fee; or (2) a proper and complete Application, with the required calculation sheet
completed and signed by an authorized prison official. Failure to do so may result in dismissal of
this action without prejudice for failure to prosecute, pursuant to Local Rule 5.5(c)(2).
The Clerk shall send a copy of this Order to the Craighead County Detention Facility,
901 Willett Road, Jonesboro, AR 72401.
Service is not appropriate at this time.
IT IS SO ORDERED this 12th day of June, 2013.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
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