Johnson v. Craighead County Detention Center et al

Filing 2

ORDER directing the Clerk to forward an IFP application, calculation sheet, and certificate to Johnson. No later than 30 days after entry of this Order, Johnson must either submit the full $400 filing and administrative fees or file a fully completed IFP application. Failure to do so will result in the recommended dismissal of this complaint. Service is not appropriate at this time. Signed by Magistrate Judge Patricia S. Harris on 10/26/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MARQUES JOHNSON
V.

PLAINTIFF
NO: 3:16CV00308 DPM/PSH

CRAIGHEAD COUNTY
DETENTION CENTER et al

DEFENDANTS

ORDER
Plaintiff Marques Johnson, who is currently held at the Craighead County Detention Facility,
filed a pro se complaint on October 25, 2016. Johnson did not pay the $400.00 filing and
administrative fees, or file an application for leave to proceed in forma pauperis. Accordingly, if
Johnson 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. Johnson’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.
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§ 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, Johnson is required to submit, no
later than 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 Johnson 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:
1.

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

and certificate to Johnson.
2.

No later than 30 days after the entry date of this order, Johnson 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. Johnson’s failure to do so will result in the recommended dismissal of his complaint.

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3.

Service is not appropriate at this time.

DATED this 26th day of October, 2016.

UNITED STATES MAGISTRATE JUDGE

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