Gandy v. Overstreet et al
ORDER directing plaintiff to either submit the $402 statutory filing fee or an in forma pauperis motion within 30 days of the entry date of this Order. The Clerk is directed to send plaintiff an in forma pauperis motion, together with the filing fee calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 8/1/2022. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JOSHUA C. GANDY,
COREY OVERSTREET, et al.
Joshua C. Gandy (“Plaintiff”) is an inmate who filed a Complaint (Doc. No. 1) alleging
violations of his federally protected rights, but did not submit the $402.00 filing fee or an in forma
pauperis motion (“IFP Motion”).
Under the Prison Litigation Reform Act (“PLRA”), a prisoner who is permitted to file a
civil action in forma pauperis still must pay the full statutory filing fee of $350. 1 28 U.S.C.
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/she
will be allowed to proceed with his/her '1983 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).
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 $350 filing fee will be collected and no
portion of this filing fee will be refunded to the prisoner.
Effective December 1, 2020, the statutory filing fee for civil actions increased to $402,
due to the implementation of a $52 administrative fee. This $52 fee does not, however, apply to in
forma pauperis actions.
The PLRA requires Plaintiff to submit a proper and complete IFP Motion, along with a
calculation sheet prepared and signed by an authorized officer of the incarcerating facility, if he/she
wishes to pay the filing fee in installments.
Plaintiff must submit, within thirty (30) days from
entry of this Order, either: (1) the statutory filing fee of $402; or (2) a proper and complete IFP
Motion, with the required calculation sheet signed by an authorized official of the facility at
which he/she is confined.
IT IS THEREFORE ORDERED that:
Plaintiff must submit either the $402 statutory filing fee or an In Forma Pauperis
Motion within thirty days of the entry date of this Order. 2
The Clerk is directed to send to Plaintiff an In Forma Pauperis Motion, together
with the filing fee calculation sheet.
IT IS SO ORDERED this 1st day of August, 2022.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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, in part: “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.”
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