Harris v. Harmon et al

Filing 6

ORDER granting 1 Motion to Proceed In Forma Pauperis. The Administrator of the Crittenden County Detention Facility shall collect from Plaintiff's prison trust account an initial partial filing fee of $34.33 and forward that amount along with future monthly payments to the Clerk of the Court until the total filing fee is collected. Service is appropriate for Defendants Harmon, Clark, and Coleman. The Clerk of the Court shall prepare summons for the Defendants and the U.S. Marshal is hereby directed to serve copies of the 2 Complaint and summons on them without prepayment of fees and costs or security therefore. The Clerk shall forward a copy of this Order to the Crittenden County Detention Facility. Signed by Magistrate Judge Jerome T. Kearney on 10/28/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
GREG L. HARRIS
V.

PLAINTIFF
3:16CV00298-DPM-JTK

HARMON, et al.

DEFENDANTS
ORDER

Plaintiff Harris, an inmate proceeding pro se, has filed an action pursuant to 42 U.S.C. §
1983, together with a Motion to Proceed In Forma Pauperis pursuant to 28 U.S.C. § 1915 (Doc. No.
1).

Plaintiff has submitted a declaration that makes the showing required by § 1915(a).

Accordingly, his Motion will be granted.1
Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is required to pay the statutory filing fee of
$350 for this action.2 Plaintiff has submitted a certified copy of his Inmate Trust Fund Account
Statement. Based on that information, an initial partial filing fee of $34.33 is assessed by this Order.
If the prisoner’s account does not contain the full amount assessed as an initial partial filing fee, the

1

The Plaintiff is hereby notified of his responsibility to comply with the Local Rules of
the Court, including Rule 5.5(c)(2), which states: "...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."
If at some stage in the litigation of this action, Plaintiff decides not to continue to
prosecute this action, Plaintiff should notify the Court in the form of a motion for a voluntary
dismissal pursuant to FED.R.CIV.P. 41.
In addition, if Plaintiff has not completely exhausted his administrative remedies with
respect to all his claims, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C.
Sect. 1997e, he may file a motion to dismiss his unexhausted claims.
2

Effective May 1, 2013, the statutory filing fee increased to $400, due to the
implementation of a $50 administrative fee. This administrative fee, however, does not apply to
plaintiffs who are granted in forma pauperis status.
1

Administrator of the Crittenden County Detention Facility 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, the Administrator of the Crittenden County Detention Facility shall
continue to withdraw funds until the initial partial filing fee has been paid in full.
Thereafter, Plaintiff will be obligated to make monthly payments in the amount of 20 percent
of the preceding month's income credited to Plaintiff's prison trust account each time the amount in
the account exceeds $10.00. The Crittenden County Detention Facility or any future custodian is
required to send to the Clerk of the Court the initial partial filing fee, and thereafter the monthly
payments from the Plaintiff's 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).
Having reviewed Plaintiff’s Complaint for screening purposes only,3 the Court finds service
appropriate with respect to Plaintiff’s equal protection claims against Defendants Harmon, Clark,
and Coleman.
IT IS THEREFORE ORDERED that:
1.

Plaintiff's Motion to Proceed In Forma Pauperis (Doc. No. 1) is GRANTED.

2.

The Administrator of the Crittenden County Detention Facility or his designee, shall

collect from Plaintiff’s prison trust account an initial partial filing fee in the amount of $34.33 and
shall forward the amount to the Clerk of the Court. Said payment shall be clearly identified by the
name and number assigned to this action.
3.

Thereafter, the Administrator of the Crittenden County Detention Facility or his

3

The Prison Litigation Reform Act requires federal courts to screen prisoner complaints
seeking relief against a governmental entity, officer, or employee. 28 U.S.C. Sect. 1915A(a).
2

designee, or any future custodian, shall collect from Plaintiff’s prison trust account the $315.67
balance of the filing fee by collecting monthly payments from Plaintiff’s prison trust account in an
amount equal to 20 percent of the preceding month’s income credited to the prisoner’s trust account
and forwarding payments to the Clerk of the Court each time the amount in the account exceeds
$10.00 in accordance with 28 U.S.C. § 1915(b)(2). The payments shall be clearly identified by the
name and number assigned to this action.
4.

Service is appropriate for Defendants Harmon, Clark, and Coleman. The Clerk of the

Court shall prepare summons for the Defendants and the United States Marshal is hereby directed to
serve a copy of the Complaint (Doc. No. 2) and summons on Defendants without prepayment of fees

and costs or security therefore.
5.

The Clerk shall forward a copy of this Order to the Crittenden County Detention

Facility, 350 AFCO Road, West Memphis, AR 72301.
IT IS SO ORDERED this 28th day of October, 2016.

____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

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