Ferguson v. Harrell et al
ORDER directing the Clerk to forward an in forma pauperis application, calculation sheet, and certificate to plaintiff. Plaintiff must submit either the full $400 filing and administrative fees or file a fully completed and signed in forma pauperis application, along with the trust fund calculation sheet and certificate, within thirty days after the entry date of this Order. Service is not appropriate at this time. Signed by Magistrate Judge Patricia S. Harris on 2/2/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
DARRICK L. FERGUSON, JR.
NO: 3:16CV00033 JLH/PSH
T. HARRELL et al
Plaintiff Darrick L. Ferguson, Jr., who is currently held at the Craighead County Detention
Facility, filed a pro se complaint on February 1, 2016. The $400.00 filing and administrative fees
were not paid, and plaintiff did not file an application for leave to proceed in forma pauperis.
Accordingly, if plaintiff intends to pursue this matter, he must submit, no later than 30 days after the
entry date of this order, either the full $350.00 filing fee and $50.00 administrative fee, or a signed
application for leave to proceed in forma pauperis, along with a 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.
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, but the $50.00
administrative fee is waived. 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 claims and the filing fee
will be collected by the Court in installments from the prisoner’s inmate trust account. 28 U.S.C.
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
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
his 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:
The Clerk is directed to forward an in forma pauperis application, calculation sheet,
and certificate, to plaintiff.
No later than 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.
Service is not appropriate at this time.
DATED this 2nd day of February, 2016.
UNITED STATES MAGISTRATE JUDGE
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