Harrell v. Hicks 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 to Proceed In Forma Pauperis. Signed by Magistrate Judge J. Thomas Ray on 8/26/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
CHARLES KENNETH HARRELL, Jr.
V.

PLAINTIFF

3:14CV00199 JM/JTR

CLAYBORN HICKS, Captain,
Mississippi County Jail, et al.

DEFENDANTS
ORDER

Plaintiff, Charles Kenneth Harrell, Jr., is an inmate of the Mississippi County
Detention Facility. He has filed a pro se § 1983 Complaint (Doc. 1) and a Notice of
Filing of Calculation Sheet and Certificate1 (Doc. 2). Plaintiff has not, however, filed
an Application to Proceed in forma pauperis. Therefore, 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.
However, Plaintiff should be aware that, even if he is eventually 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
1

This filing contains a properly completed Certificate of Prisoner Accounts and Calculation
of Initial Payment of Filing Fee, both signed by a prison official.
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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.
IT IS THEREFORE ORDERED THAT:
1.

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

Forma Pauperis.
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.
3.

Plaintiff is reminded 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).

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Dated this 26th day of August, 2014.

UNITED STATES MAGISTRATE JUDGE

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