Nixon v. Trumann Police Department et al
ORDER denying without prejudice 1 Motion to proceed in forma pauperis. Within 30 days of the entry of this Order, Mr. Nixon must either pay the $400 filing fee in full or file a properly completed application to proceed in forma pauperis for the Court's review and consideration. Signed by Judge Kristine G. Baker on 6/29/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Case No. 3:17-cv-0075 KGB
TRUMANN POLICE DEPARTMENT, et al.
Before the Court is plaintiff Ronnie Nixon’s application to proceed in forma pauperis (Dkt.
No. 1). Under the Prison Litigation Reform Act (“PLRA”), prisoners granted in forma pauperis
status remain obligated to pay the $350 filing fee. See 28 U.S.C. ' 1915(b)(1). 1 Under the PLRA,
in order for the Court to determine how the $350 filing fee will be paid, the prisoner is required to
submit a calculation sheet prepared and signed by an authorized official of the incarcerating
facility. This calculation sheet reflects the deposits and monthly balances in the inmate’s trust
account at the facility during the six-month period immediately preceding the filing of the
complaint. See 28 U.S.C. ' 1915(a)(2).
The calculation sheet attached to Mr. Nixon’s in forma pauperis application is not signed
by an authorized official. Therefore, Mr. Nixon’s application to proceed in forma pauperis is
denied without prejudice, subject to refiling (Dkt. No. 1). In his application, Mr. Nixon indicates
that jail officials refused to sign the calculation sheet as required by statute. The Court reminds
the jail officials that the PLRA requires their compliance by completing and signing the
appropriate financial forms submitted by inmates who file lawsuits under 42 U.S.C. ' 1983.
Effective May 1, 2013, the civil filing fee increased to $400, due to the implementation
of a $50 administrative fee. This $50 fee does not, however, apply to plaintiffs who are granted in
forma pauperis status.
Within 30 days of the entry of this Order, Mr. Nixon must either: (1) pay the $400 filing
fee in full or (2) file a properly completed application to proceed in forma pauperis for the Court’s
review and consideration. If Mr. Nixon does not pay the filing fee or submit a properly completed
in forma pauperis application within 30 days, this action will be dismissed without prejudice.
So ordered this the 29th day of June, 2017.
Kristine G. Baker
United States District Judge
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