Butler v. Does

Filing 2

ORDER directing the Clerk to mail Plaintiff an Application to Proceed without prepayment of fees and affidavit and calculation sheet. Plaintiff is directed to submit the $400 filing fee or submit a proper and complete Application. The Clerk shal l mail Plaintiff a 1983 Complaint form for plaintiff to complete if he so desires within thirty days of the date of this Order. The Clerk shall send a copy of this Order to the Craighead County Detention Facility. Service is not appropriate at this time. Signed by Magistrate Judge Joe J. Volpe on 2/5/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MARK A. BUTLER
v.

PLAINTIFF
3:14CV00030-KGB-JJV

DOES, Infirmary Staff Members, Craighead
County Detention Facility; et al.

DEFENDANTS

ORDER
Plaintiff Mark Butler, 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

1

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
pauperis status.
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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.
The Court also notes that Plaintiff has identified all Defendants as “Does.” Since the identity
of the Defendants is not known, the Clerk cannot issue summons, and the Marshal is unable to serve
unknown persons. Therefore, the Court will provide Plaintiff an opportunity to submit an Amended
Complaint, together with information identifying the Defendants, within thirty days of the date of
this Order. Plaintiff is cautioned that an Amended Complaint will render his original Complaint
without legal effect.2 The Amended Complaint should include: 1) the name of all the parties
he believes deprived him of his constitutional rights and whom he wishes to sue in this action;
2) specific facts against each named Defendant in a simple, concise, and direct manner; 3)
whether he is suing each Defendant in his/her individual or official capacity, or in both
capacities; 4) state how he was harmed; and 5) whether he was a pretrial detainee at the time
of the incident(s). In accordance with the above,

2

“An amended complaint ‘ordinarily supersedes the original and renders it of no legal
effect.’” In Home Health, Inc. v. Prudential Ins. Co. Of America, 101 F.3d 600, 603 (8th Cir. 1996),
quoting International Controls Corp. v. Vesco, 556 F.2d 665, 668 (2d Cir. 1994) (other citations
omitted).
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IT IS THEREFORE ORDERED that:
1.

The Clerk shall mail to Plaintiff an Application to Proceed Without Prepayment of

Fees and Affidavit and calculation sheet.
2.

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).
3.

The Clerk shall mail the 42 U.S.C. § 1983 complaint form to Plaintiff with this Order.

If Plaintiff wishes to amend his Complaint, he may complete the new complaint form in its entirety
in accordance with this Order, mark it as “Amended Complaint,” and file within thirty days of the
date of this Order.
4.

The Clerk shall send a copy of this Order to the Craighead County Detention Facility,

901 Willett Road, Jonesboro, AR 72401.
5.

Service is not appropriate at this time.

IT IS SO ORDERED this 5th day of February, 2014.

____________________________________
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE

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