Huffins v. Greene County Jail et al

Filing 3

ORDER directing the Clerk to send Plaintiff an Application to Proceed In Forma Pauperis, along with a prison calculation sheet. Plaintiff must within thirty days of the entry of this Order either pay the $400 filing fee in full or file a properl y completed Application to Proceed In Forma Pauperis. 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. Signed by Magistrate Judge J. Thomas Ray on 4/29/2015. (jak)

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

JERRY L. HUFFINS
V.

PLAINTIFF
3:15CV00064 DPM-JTR

GREENE COUNTY JAIL; and
SAMMY JOHNSON, LPN

DEFENDANTS

ORDER
Plaintiff, Jerry L. Huffins, is a prisoner in the Greene County Detention Facility.
He has filed a pro se § 1983 action alleging that Defendants violated his constitutional
rights.
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.
However, Plaintiff should be aware that, even if he is granted permission to

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.

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.
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 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 29th day of April, 2015.

___________________________________
UNITED STATES MAGISTRATE JUDGE

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