McGill v. Collier et al

Filing 2

ORDER directing the Clerk of Court to send Mr. McGill a copy of this Order and an in forma pauperis application form. Mr. McGill must return a completed in forma pauperis application, including an accompanying affidavit and jail account information sheet, or pay the $400.00 filing fee within thirty (30) days of the date of this order. Signed by Magistrate Judge Beth Deere on 7/30/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MICHAEL CHAD MCGILL
PLAINTIFF
V.

No. 3:13CV00176-BSM-BD

JOHN COLLIER, et al.

DEFENDANTS

ORDER
Plaintiff Michael Chad McGill, an inmate at the Craighead County Detention
Facility, has filed a pro se complaint (docket entry #2) under 42 U.S.C. § 1983. A review
of the record shows that Mr. McGill has not paid the statutory filing fee, nor has he
submitted a complete application for leave to proceed in forma pauperis.
Under the Prison Litigation Reform Act, even if Mr. McGill is allowed to proceed
in forma pauperis, he still must pay the filing fee. 28 U.S.C. §1915(b)(1). The only
question is whether he pays the entire filing fee at the start of the lawsuit or in
installments over a period of time.
The Clerk of Court is directed to send Mr. McGill a copy of this order and an in
forma pauperis application form. Mr. McGill must return a completed in forma pauperis
application, including an accompanying affidavit and jail account information sheet, or

pay the $400.00 filing fee within thirty (30) days of the date of this order.1 Otherwise, the
lawsuit will be dismissed.2
DATED this 30th day of July, 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 other parties in the case of any
change in address; monitor the progress of the case and 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