Johnson v. Pulaski County et al

Filing 2

ORDER finding that Plaintiff must submit within 30 days of this Order either the $350 filing fee or a complete in forma pauperis application; and, directing the Clerk to send Plaintiff an in forma pauperis application and calculation sheet. Signed by Magistrate Judge H. David Young on 10/20/2008. (thd)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS LITTLE ROCK DIVISION CARROLL JOHNSON ADC # 138237 V. 4:08CV03668 JMM/HDY PLAINTIFF

PULASKI COUNTY; RANDY JOHNSON, Sheriff, Pulaski County; BARNETT, Sgt., Pulaski County; STROHM, Sgt., Pulaski County; PAXSON, Lt., Pulaski County; ADAMS, Deputy, Pulaski County; LAMBERT, Deputy, Pulaski County; WILSON, Sgt., Pulaski County; STANLEY; Sgt., Pulaski County; N. JAKES, Sgt., Pulaski County; and EDWARD ARIVETTE, Lt., Pulaski County ORDE R

DEFENDANTS

Plaintiff, who is now in the custody of the Arkansas Department of Correction, filed this pro se1 Complaint (docket entry #1) pursuant to 42 U.S.C. § 1983, unaccompanied by an Application for In Forma Pauperis Status. If Plaintiff intends to pursue this matter, he must pay the statutory filing fee of $350 or submit a properly completed Application to Proceed In Forma Pauperis.

1

Plaintiff is notified of his responsibility to comply with the Local Rules of the Court, including Rule 5.5(c) (2) , which states: "It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. A party appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and telephone number. 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."

1

Under the Prison Litigation Reform Act of 1995 ("PLRA"), a prisoner who is permitted to file a civil action in forma pauperis still must pay the full statutory filing fee of $350. 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 section 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). 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 $350 filing fee will be collected, and no portion of this filing fee will be refunded to the prisoner. The PLRA requires that Plaintiff submit a proper and complete Application to Proceed In Forma Pauperis, along with a calculation sheet, prepared and signed by an authorized officer of the Arkansas Department of Correction, that reflects his account balances for the preceding six months. Plaintiff is therefore ordered to submit, within thirty (30) days from entry of this Order, either: (1) the statutory filing fee of $350; or (2) a proper and complete Application to Proceed In Forma Pauperis, with the required calculation sheet completed and signed by an authorized official of the Unit at which Plaintiff is confined. IT IS THEREFORE ORDERED that: 1. Plaintiff must submit, within thirty days of entry of this Order, either: (1) the $350

statutory filing fee; or (2) a proper and complete in forma pauperis application, with the required calculation sheet completed and signed by an authorized official of the detention facility at which 2

he is incarcerated. Failure to do so will result in dismissal of this action, without prejudice. 2. The Clerk is directed to send Plaintiff an in forma pauperis application and

calculation sheet so that he may present it to an authorized official for completion. 3. Service is not appropriate at this time. 20 day of October, 2008. ____________________________________ UNITED STATES MAGISTRATE JUDGE

DATED this

3