Grimes v. Duncan et al

Filing 2

ORDER directing the Clerk to forward an in forma pauperis application, calculation sheet, and certificate to Plaintiff. No later than thirty days from the entry date of this Order, Plaintiff must either submit the full $400 filing fee or file a fully completed and signed in forma pauperis application. Service is not appropriate at this time. Signed by Magistrate Judge Jerry W. Cavaneau on 4/20/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MELVIN WADE GRIMES, JR.
V.

PLAINTIFF
NO: 3:15CV00098 DPM/JWC

BRETT DUNCAN et al

DEFENDANTS

ORDER
Plaintiff Melvin Wade Grimes, Jr., filed this pro se1 complaint, pursuant to 42 U.S.C. § 1983,
on April 17, 2015. Plaintiff did not submit the $400.00 filing and administrative fees, or file an
application for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a).
Under the Prison Litigation Reform Act of 1995, a prisoner who is permitted to file a civil
action in forma pauperis still must pay the full statutory filing fee of $350.00.2 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

1

Plaintiff is notified of his responsibility to comply with the Local Rules of the Court,
including Rule 5.5(c)(2), which states: "It is the duty of any party not represented by counsel to
promptly notify the Clerk and the other parties to the proceedings of any change in his or her address,
to monitor the progress of the case, and to prosecute or defend the action diligently. A party
appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and
telephone number. 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 Civil Procedure.”
2

The $50.00 administrative fee is waived for parties who are granted leave to proceed in
forma pauperis.
1

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 filing and any
applicable administrative fees will be collected and no portion of the fees will be refunded to
the prisoner.
So that the Court can determine how the fees will be paid, Plaintiff is required to submit, no
later than thirty (30) days after this order’s entry date, either the full $400.00 filing and
administrative fees, or a fully completed and signed application for leave to proceed in forma
pauperis, including a trust fund calculation sheet and certificate signed by an authorized official.
If Plaintiff is granted in forma pauperis status, the Court will assess an initial partial filing fee if
sufficient funds exist, and will also direct the future collection of monthly installment payments from
Plaintiff’s account until the $350.00 filing fee is paid in full. Id. 1915(b)(1) and (2). However, no
prisoner will be prohibited from bringing a civil action because he “has no assets and no means by
which to pay the initial partial filing fee.” Id. 1915(b)(4).
IT IS THEREFORE ORDERED THAT:
1.

The Clerk is directed to forward an in forma pauperis application, calculation sheet,

and certificate, to Plaintiff.
2.

No later than thirty (30) days after the entry date of this order, Plaintiff must submit

the full $400.00 filing and administrative fees, or file a fully completed and signed in forma pauperis
application, along with the trust fund calculation sheet and certificate, signed by an authorized
official. Plaintiff’s failure to do so will result in the recommended dismissal of his complaint.
2

3.

Service is not appropriate at this time.

DATED this 20th day of April, 2015.

UNITED STATES MAGISTRATE JUDGE

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