Jackson v. Pulaski County et al
ORDER directing the Clerk to send to plaintiff an ifp application along with a prison calculation sheet, and directing plaintiff to file the ifp application or to pay the $350 statutory filing fee within 30 days of entry of this Order. Signed by Magistrate Judge J. Thomas Ray on 6/21/11. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PULASKI COUNTY, et al.
Plaintiff, Cornell Jackson, is a pretrial detainee at the Pulaski County Detention
Facility (“PCDF”). He has recently filed a pro se1 § 1983 Complaint alleging that
Defendants have violated his constitutional rights. See docket entry #1.
I. Filing Fee
Plaintiff is hereby notified of his responsibility to comply with Local 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.”
Plaintiff is further notified of 28 U.S.C. § 1915(g), which provides that a
prisoner may not proceed with a civil suit in forma pauperis “if the prisoner has, on
3 or more prior occasions, while incarcerated or detained in any facility, brought an
action or appeal in a court of the United States that was dismissed on the grounds that
it is frivolous, malicious, or fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious physical injury.”
The filing fee for commencing a § 1983 action in federal court is $350.
Plaintiff has neither paid the filing fee nor filed an Application to Proceed In Forma
Pauperis.2 If Plaintiff wishes to pursue this action, he must, within thirty days of the
entry of this Order, either: (1) pay the $350 filing fee in full; or (2) file a properly
completed Application to Proceed In Forma Pauperis, along with a properly
completed prisoner calculation sheet.3
The PLRA requires federal courts to screen prisoner complaints seeking relief
against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The
Court must dismiss a complaint or a portion thereof if the prisoner has raised claims
The Prison Litigation Reform Act (“PLRA”) provides that 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 § 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.
Plaintiff must sign the Application to Proceed In Forma Pauperis. In contrast,
the prisoner calculation sheet must be completed and signed by an authorized PCDF
that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief
may be granted; or (c) seek monetary relief from a defendant who is immune from
such relief. 28 U.S.C. § 1915A(b).
In his Complaint, Plaintiff alleges that, on April 17, 2011, unspecified
individuals at the PCDF used excessive force against him. See docket entry #1.
Plaintiff also alleges that his unspecified “Fifth Amendment rights” were violated by
unnamed individuals. Id. at 4. The Court needs further information in order to
complete the screening process mandated by § 1915A.
Thus, Plaintiff shall file, within thirty days of the entry of this Order, an
Amended Complaint clarifying: (1) who used excessive force against him; (2) how his
Fifth Amendment rights were violated, and who did so; and (3) how each of the four
Defendants personally participated in each of the constitutional violations.4
IT IS THEREFORE ORDERED THAT:
The Clerk is directed to send Plaintiff an Application to Proceed In
Forma Pauperis along with a prison calculation sheet.
Plaintiff shall, within thirty days of the entry of this Order, either: (a)
Those four Defendants are Pulaski County, Sergeant Bangs, Deputy Oneal,
and Deputy Mundy.
pay the $350 filing fee in full; or (b) file a properly completed Application to Proceed
In Forma Pauperis, along with a properly completed prisoner calculation sheet.
Plaintiff shall file, within thirty days of the entry of this Order, an
Amended Complaint containing the information specified herein.
Plaintiff is reminded that the failure to timely and properly comply with
any portion of this Order will result in the dismissal of this case, without prejudice,
pursuant to Local Rule 5.5(c)(2).
Dated this 21st day of June, 2011.
UNITED STATES MAGISTRATE JUDGE
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