Mhoon v. Disotell et al
ORDER denying without prejudice 54 Motion to Proceed In Forma Pauperis. It is further ordered that Plaintiff submit either the $505 statutory filing fee or an in forma pauperis Motion, with the required calculation sheet signed by an authorized official of the prison, within fifteen (15) days of the entry date of this Order. The Clerk is directed to send to Plaintiff an in forma pauperis Motion and calculation sheet. Signed by Magistrate Judge Jerome T. Kearney on 1/6/2014. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JEREMY DISOTELL, et al.
Plaintiff, a state inmate proceeding pro se, has filed a Notice of Appeal with the United
States Court of Appeals, Eighth Circuit, together with a Motion to Proceed in forma pauperis
pursuant to 28 U.S.C. § 1915 (Doc. No. 24). However, because Plaintiff has not included the
necessary financial information to support his application, it will be denied.
According to the Prison Litigation Reform Act (PLRA), a prisoner who is allowed to file
a civil action or an appeal in forma pauperis still must pay the full amount of the filing fee.
See 28 U.S.C. § 1915(b)(1). The cost of filing an appeal is $505. Under the Act, in order for the
Court to determine how the filing fee will be paid, the prisoner is required to submit a calculation
sheet prepared and executed 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). However, 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)(3).
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Proceed in forma pauperis on
appeal (Doc. No. 54) is DENIED without prejudice.
IT IS FURTHER ORDERED that Plaintiff submit either the $505 statutory filing fee or an
in forma pauperis Motion, with the required calculation sheet signed by an authorized official of
the prison, within fifteen (15) days of the entry date of this Order.
The Clerk is directed to send to Plaintiff an in forma pauperis Motion and calculation sheet.
IT IS SO ORDERED this 6th day of January, 2014.
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?