Haynes v. Greene County Detention Center et al
ORDER granting Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit 7 . The Clerk shall add Roy Peters and Underwood to the docket as Defendants. Then, the Clerk shall prepare summons and the USM shall serve these Defendants without prepayment of fees and costs or security therefore. Signed by Magistrate Judge Joe J. Volpe on 2/22/2016. (lej)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JUSTIN ALLEN HAYNES
GREENE COUNTY DETENTION CENTER
APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND
Plaintiff, Justin Allen Haynes, is incarcerated at the Greene County Detention Center, and
filed this action pro se pursuant to 42 U.S.C. § 1983. He also filed an Application to Proceed
Without Prepayment of Fees and Affidavit (“Application”) (Doc. No. 7). Plaintiff has made a proper
showing required by 28 U.S.C. § 1915(a) and his Application is GRANTED.
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
Effective May 1, 2013, the cost for filing a new civil case is $400. The increase is due to
a new $50 administrative fee, which does not apply to persons granted in forma pauperis status
under 28 U.S.C. § 1915.
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.
Based on information contained in a certified copy of Plaintiff’s Application and Calculation
Sheet, the Court shall assess an initial partial filing fee of $4.13. If the prisoner’s account does not
contain the full amount assessed as an initial partial filing fee, his custodian shall withdraw from
the account any portion of the initial filing fee available, even if the account balance is under $10.00.
Regardless of the balance in the account, his custodian shall continue to withdraw funds until the
initial partial filing fee has been paid in full.
Upon payment of the initial partial filing fee, Plaintiff will be obligated to make monthly
payments in the amount of twenty percent (20%) of the preceding month's income credited to his
prison trust account each time the amount in the account exceeds $10.00. Plaintiff’s custodian is
requested to send to the Clerk of the Court the initial partial filing fee, and thereafter the monthly
payments from his prison trust account when the amount exceeds $10.00, until the statutory filing
fee is paid in full. 28 U.S.C. § 1915(b)(2).
The Court is sensitive to the fact that pro se litigants like Plaintiff are not trained in the law
and will give deference to a pro se plaintiff where the law requires. However, all parties, including
pro se litigants, must comply with substantive and procedural law. Brown v. Frey, 806 F.2d 801,
804 (8th Cir. 1986). Accordingly, the Court will only consider claims properly pled in a complaint
or in a superseding amended complaint. Additionally, the Court will not consider claims stated in
notices or other pleadings not filed in compliance with the Federal Rules of Civil Procedure.
Plaintiff must also comply with the Local Rules of the Court. Of particular note to pro se
plaintiffs is Rule 5.5(C)(2), which states:
Parties appearing pro se. 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.
Loc. R. 5.5(C)(2).
Based on review of Plaintiff’s Amended Complaint (Doc. No. 5), the Court concludes that
service is appropriate for Roy Peters and Underwood. These individuals have not been added to the
docket because Plaintiff failed to list them as parties on his complaint form. He does, however, allege
misconduct against both in his Statement of Claim and these claims are sufficient for screening
purposes. (Id. at 4.) The Clerk of Court shall add both Peters and Underwood as Defendants and
service should be prepared for both.
IT IS THEREFORE ORDERED that:
Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit (Doc.
No. 7) is GRANTED.
Plaintiff’s present custodian, his designee, or any future custodian shall collect from
Plaintiff’s institutional account an initial partial filing fee of $4.13 and forward that amount to the
Clerk of this Court. The payment must be clearly identified by the name and number assigned to this
Thereafter, Plaintiff’s custodian or his designee, or any future custodian, shall collect
from Plaintiff’s institutional account the balance of the filing fee by collecting monthly payments
equal to 20% of the preceding month's income credited to Plaintiff’s account each time the amount
in the account exceeds $10.00, and forward the payments to the Clerk of the Court in accordance
with 28 U.S.C. § 1915(b)(2), until a total of $350.00 has been collected and forwarded to the Clerk.
The payments forwarded on Plaintiff’s behalf shall be clearly identified by the name and number
assigned to this action.
The Clerk of the Court shall send a copy of this Order to the Sheriff of Greene
County by way of the Greene County Detention Facility, 1809 North Rocking Chair Road,
Paragould, AR 72450.
The Clerk shall also add Roy Peters and Underwood to the docket as Defendants.
Then, the Clerk shall prepare Summons for Defendants Peters and Underwood and the United States
Marshal shall serve a copy of the Summons, Amended Complaint (Doc. No. 5), and this Order on
them without prepayment of fees and costs or security therefore. Service for both Defendants should
be through the Greene County Detention Facility, 1809 North Rocking Chair Road, Paragould, AR
DATED this 22nd day of February, 2016.
JOE J. VOLPE
UNITED STATES MAGISTRATE JUDGE
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