Bailey v. Craighead County Detention Center et al
ORDER directing Plaintiff to submit either the $400 filing fee or an application to proceed in forma pauperis within thirty days of this Order. Plaintiff's 2 Motion for Service, which this Court construes as a Motion to direct the jail to complete the paperwork necessary to file this action, is granted. The Court will forward a copy of this Order to the Business Manager. The Clerk is directed to send to Plaintiff an Application to Proceed In Forma Pauperis. The Clerk shall forward a copy of this Order to the Craighead County Detention Facility. Signed by Magistrate Judge Jerome T. Kearney on 7/7/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CRAIGHEAD COUNTY DETENTION
CENTER; et al.
Plaintiff Bailey is an inmate who filed a Complaint (Doc. No. 1) pursuant to 42 U.S.C. §
1983, but did not submit the $400.00 filing fee or an in forma pauperis (IFP) Motion.
Under the Prison Litigation Reform Act (“PLRA”), a prisoner who is permitted to file a civil
action in forma pauperis still must pay the full statutory filing fee of $350.1 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
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 a Plaintiff to submit a proper and complete Motion to Proceed In Forma
Effective May 1, 2013, the statutory filing fee for civil actions increased to $400, due to the
implementation of a $50 administrative fee. This $50 fee does not, however, apply to in forma
Pauperis, along with calculation sheet prepared and signed by an authorized officer of the detention
center. Plaintiff Bailey 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 IFP Motion, with the required calculation
sheet signed by an authorized official of the detention center at which he is confined.
IT IS THEREFORE ORDERED that Plaintiff must submit either the $400 statutory filing
fee or an In Forma Pauperis Motion within thirty days of the entry date of this Order.2
IT IS FURTHER ORDERED that Plaintiff’s Motion for Service (Doc. No. 2), which this
Court construes as a Motion to direct the Jail to complete the paperwork necessary to file this action,
is GRANTED. The Court will forward a copy of this Order to the Business Manager, reminding
him/her that the PLRA requires the “appropriate official” of each facility to provide the
inmate’s financial information for his Application.
The Clerk is directed to send to Plaintiff an In Forma Pauperis Motion, together with the
filing fee calculation sheet.
The Clerk shall forward a copy of this Order to the Craighead County Detention Facility, 901
Willett Road, Jonesboro, AR 72401.
IT IS SO ORDERED this 7th day of July, 2014.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
The Plaintiff is hereby notified of his responsibility to comply with the Local Rules of the
Court, including Rule 5.5(c)(2), which states: “. . . If any communication from the Court to a pro
se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice.
Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of
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