Williams v. Moyer et al

Filing 5

ORDER directing the Clerk to send Plaintiff an Application to Proceed In Forma Pauperis and a prisoner calculation sheet. Plaintiff must within thirty days of the entry of this Order either pay the $400.00 filing fee or file a completed application to proceed in forma pauperis and a prisoner calculation sheet that is signed by an authorized jail official. Signed by Magistrate Judge J. Thomas Ray on 11/4/2014. (jak)

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

MARLOW WILLIAMS, SR.
V.

PLAINTIFF
3:14CV00181 DPM/JTR

LUKE MOYER, Deputy Sheriff,
Craighead County Jail, et al.

DEFENDANTS

ORDER
Plaintiff, Marlow Williams, Sr., is a prisoner in the Craighead County Jail. He
has filed a pro se § 1983 Complaint. However, he has not paid the $400 filing fee or
filed an Application to Proceed In Forma Pauperis.
The Prison Litigation Reform Act provides that a prisoner who is permitted to
file a civil action in forma pauperis still must pay the full statutory filing fee. 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.1 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
1

The $400 filing fee includes a $50 administrative fee that 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.

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.
IT IS THEREFORE ORDERED THAT:
1.

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

Forma Pauperis and a prisoner 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 and a prisoner calculation sheet that is signed by an authorized
jail official.
3.

Plaintiff is reminded that if he fails to timely and properly do so, this

case will be dismissed, without prejudice, pursuant to Local Rule 5.5(c)(2).
Dated this

4th

day of November, 2014.

UNITED STATES MAGISTRATE JUDGE

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