McGill v. Boyd et al

Filing 2

ORDER directing the Clerk of Court to send a copy of this Order and an in forma pauperis application form to Plaintiff. Mr. McGill must return the complete in forma pauperis application, or pay the statutory $400 filing fee within thirty days of the date of this Order. Otherwise the lawsuit will be dismissed. Signed by Magistrate Judge Beth Deere on 8/27/2013. (jak)

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

PLAINTIFF

No. 3:13CV00190-DPM-BD

MARTY BOYD, et al.

DEFENDANTS

ORDER
Plaintiff Michael Chad McGill, an inmate at the Craighead County Detention
Facility, has filed a pro se complaint (docket entry #1) under 42 U.S.C. § 1983.1 A
review of the record shows that Mr. McGill has not paid the statutory filing fee; nor has
he submitted an 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 will have to pay a $350.00 filing fee. 28 U.S.C. §1915(b)(1). The
only question is the amount of monthly payments.
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

1

Local Rule 5.5(c)(2) requires parties who are not represented by counsel: to
promptly notify the Clerk and other parties in the case of any change in address; to
monitor the progress of the case and prosecute or defend the case diligently; to sign all
pleadings and include a current address, zip code, and telephone number; and to 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 based on the failure to respond.

pay the $400.00 filing fee within thirty (30) days of the date of this order.2 Otherwise, the
lawsuit will be dismissed.
DATED this 27th day of August, 2013.

___________________________________
UNITED STATES MAGISTRATE JUDGE

2

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