Polston v. Mississippi County Arkansas et al

Filing 3

ORDER directing the Clerk to send Plaintiff an Application to Proceed In Forma Pauperis. Plaintiff must within thirty days of the entry of this Order either pay the $400 filing fee in full or file a properly completed Application. Plaintiff must file an Amended Complaint containing specified information within thirty days of the entry of this Order. Signed by Magistrate Judge J. Thomas Ray on 12/24/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

DELMAR POLSTON
V.

PLAINTIFF
3:13CV00254 KGB/JTR

MISSISSIPPI COUNTY JUDGE, et al.

DEFENDANTS

ORDER
Plaintiff, Delmar Polston, is a pretrial detainee in the Mississippi County
Detention Facility (“MCDF”). He has filed a pro se § 1983 Complaint alleging that
Defendants violated his constitutional rights.
I. Filing Fee
The fee for filing a § 1983 action in federal court is $400.1

Plaintiff has not

paid the filing fee or filed an Application to Proceed In Forma Pauperis. If Plaintiff
wishes to pursue this action, he must, within thirty days of the entry of this Order,
either: (1) pay the $400 filing fee in full; or (2) file a properly completed Application
to Proceed In Forma Pauperis, along with a properly completed prison calculation
sheet.

1

On May 1, 2013, a $50 administrative fee was added to the $350 filing fee. However, that
$50 administrative fee is waived for plaintiffs who are granted permission to proceed in forma
pauperis. Thus, if Plaintiff is granted in forma pauperis status, he will be obligated to pay $350,
instead of $400.

Plaintiff should be aware that, even if he is granted permission to proceed in
forma pauperis, he still must pay the filing fee in full. 28 U.S.C. § 1915(b). The only
difference is that, by being granted permission to proceed in forma pauperis, Plaintiff
will be allowed to pay the filing fee in monthly installments taken from his
institutional account, rather than all at once, at the time of filing his Complaint. Id.
Further, if Plaintiff’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 from such relief, the full
amount of the filing fee will be collected and no portion of this filing fee will be
refunded to Plaintiff.
II. Screening
The PLRA requires federal courts to screen prisoner complaints seeking relief
against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The
Court must dismiss a complaint or a portion thereof if the prisoner has raised claims
that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief
may be granted; or (c) seek monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915A(b). When making this determination, the Court must
accept the truth of the factual allegations contained in the complaint. Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009); Reynolds v. Dormire, 636 F.3d 976, 979 (8th Cir. 2011).
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Plaintiff alleges that he is not being provided with constitutionally adequate
medical for diabetes. Doc. 1. As Defendants, he has listed: (1) the Mississippi
County Judge; (2) Sheriff Dell Cook; and (3) unspecified members of the MCDF
medical staff. Id. The Court needs further information to complete § 1915A
screening.
Thus, Plaintiff must file, within thirty days of the entry of this Order, an
Amended Complaint clarifying: (1) how Mississippi County Judge and Defendant
Cook each personally participated in the alleged denial of adequate medical care; and
(3) the names of any of the MCDF medical staff that personally participated in the
alleged denial of adequate medical care.
III. Conclusion
IT IS THEREFORE ORDERED THAT:
1.

The Clerk is directed to send Plaintiff an Application to Proceed In

Forma Pauperis, along with a prison calculation sheet.
2.

Plaintiff must, within thirty days of the entry of this Order, either: (a)

pay the $400 filing fee in full; or (b) file a properly completed Application to Proceed
In Forma Pauperis, along with a properly completed prison calculation sheet.
3.

Plaintiff must, within thirty days of the entry of this Order, file an

Amended Complaint containing the specified information.

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4.

Plaintiff is advised that the failure to timely and properly comply with

any portion of this Order will result in the dismissal of this case, without prejudice,
pursuant to Local Rule 5.5(c)(2).
Dated this 24th day of December, 2013.

UNITED STATES MAGISTRATE JUDGE

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