Medlock v. West Memphis Arkansas, City of

Filing 2

ORDER directing the Clerk to forward an in forma pauperis application, calculation sheet, and certificate, to Plaintiff. Plaintiff must submit the full $400 filing and administrative fees, or file a fully completed and signed in forma pauperis a pplication, along with the trust fund calculation sheet and certificate, signed by an authorized official within thirty days. Plaintiff's failure to do so will result in the recommended dismissal of his complaint. Service is not appropriate at this time. Signed by Judge James M. Moody Jr. on 4/18/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RANDY MEDLOCK
V.

PLAINTIFF
NO: 3:16CV00095 JM

WEST MEMPHIS MUNICIPAL COURT

DEFENDANT

ORDER
Plaintiff Randy Medlock filed a pro se complaint on April 5, 2016. Plaintiff did not pay the
$400.00 filing and administrative fees, or 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
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). 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. § 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
his account until the $350.00 filing fee is paid in full. Id. 1915(b)(1) and (2).
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 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.
3.

Service is not appropriate at this time.

DATED this 18th day of April, 2016.

UNITED STATES DISTRICT JUDGE

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