Deere v. West et al

Filing 3

ORDER denying without prejudice 1 motion to proceed in forma pauperis; directing plaintiff to submit either the $405 statutory filing fee or a completed in forma pauperis application within 30 days of the entry date of this Order; and directing the Clerk of the Court to send to Plaintiff an in forma pauperis application, including certificate and calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 6/5/2024. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
AMBER NICOLE DEERE
v.

PLAINTIFF
3:24CV00096-BSM-JTK

MALLORY WEST, et al.

DEFENDANTS
ORDER

Amber Nicole Deere (“Plaintiff”) is in custody at the Cross County Detention Center.

She

filed a Motion to Proceed In Forma Pauperis (“IFP Motion”) in order to commence a pro se federal
civil rights action without prepayment of the $405.00 filing fees and costs.

(Doc. No. 1). 1

Plaintiff’s IFP Motion (Doc. No. 1) is DENIED because she has not included a calculation sheet
and certificate signed by an authorized official of the facility in which Plaintiff is incarcerated.
According to the Prison Litigation Reform Act (“PLRA”), a prisoner who is allowed to
file a civil action in forma pauperis still must pay the full amount of the $350 filing fee. See
28 U.S.C. § 1915(b)(1). Furthermore, before docketing the complaint or, as soon thereafter as
practicable, the Court must review the complaint to identify cognizable claims or dismiss the
complaint if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief may be
granted; or (3) seeks monetary relief against a defendant who is immune from such relief.
28 U.S.C. § 1915A.

See

If the case is dismissed for any of these reasons, there is no provision in

the Act for a refund of any portion of the filing fee to the prisoner.

1

Effective December 1, 2023, the statutory filing fee for civil actions increased to $405,
due to the implementation of a $55 administrative fee. This $55 fee does not, however, apply to in
forma pauperis actions.

Under the Act, in order for the Court to determine how the $350 filing fee will be paid,
the prisoner is required to submit a certificate and 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 sixmonth period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(a)(2).
The prisoner is also required to submit “an affidavit that includes a statement of all assets
such prisoner possesses . . . .”

28 U.S.C. § 1915(a)(1).

The Act also provides that in no event

shall a prisoner be prohibited from bringing a civil action because he “has no assets and no means
by which to pay the initial partial filing fee.” 28 U.S.C.

§ 1915(b)(4).

As mentioned above, Plaintiff did not submit a signed calculation sheet or certificate with
her IFP Motion.

The Court needs both a signed certificate and signed calculation sheet in ruling

on Plaintiff’s IFP Motion.
IT IS, THEREFORE, ORDERED that
1.

Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. No. 1) is DENIED without

prejudice.
2.

Plaintiff must submit either the $405 statutory filing fee or a completed in forma

pauperis application, with the required calculation sheet signed by an authorized official of the
incarcerating facility, within thirty (30) days of the entry date of this Order. 2
3.

The Clerk of the Court is directed send to Plaintiff an in forma pauperis application,

including certificate and calculation sheet.

2

Plaintiff is hereby notified of his responsibility to comply with the Local Rules of the Court,
including Rule 5.5(c)(2), which provides, 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.”
2

IT IS SO ORDERED this 5th day of June, 2024.

____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

3