Trice v. Eversole et al

Filing 2

ORDER directing the petitioner to either pay the $350 filing fee or file an application to proceed ifp and a prisoner calculation sheet by October 15, 2011. The Court is directed to send to plaintiff Trice an application to proceed ifp and a prisoner calculation sheet. Signed by Judge D. P. Marshall Jr. on 9/8/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

ELLIS TRICE,

ADC #144462

v.

PLAINTIFF

Case No. 4:11-cv-622-DPM

DONALD EVERSOLE, Detective,

Van Buren Sheriff's Department;

PATTI BONEWELL, Detective,

Van Buren Sheriff's Department;

CRAWFORD COUNTY; and

PULASKI COUNTY POLICE DEPARTMENT

DEFENDANTS

ORDER
Ellis Trice, a prisoner at the Delta Regional Unit of the Arkansas
Department of Correction, filed a pro se § 1983 complaint against the
Defendants. Document No.1. If Trice wishes to pursue this action, he must
either: (1) pay the $350 filing fee in full; or (2) file a properly completed
application to proceed in forma pauperis and a properly completed prisoner
calculation sheet.
Trice should be aware 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

V.S.C.A. § 1915(b)(1) (West 2006). The only question is whether he 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, 716-17 (8th Cir. 1998) (per
curiam).

If the case is later dismissed for any reason-including a

determination that it is frivolous, malicious, fails to state a claim, or seeks
monetary relief against an immune defendant - the full amount of the $350
filing fee will be collected and no portion of this filing fee will be refunded to
the prisoner. In re Tyler, 110 F.3d 528, 529-30 (8th Cir. 1997).
The Court also reminds Trice of his responsibility to comply with the
Federal Rules of Civil Procedure and 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.

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Finally, 28 U.S.C. § 1915(g) provides that:
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding [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.
28 U.S.C.A. § 1915(g) (West 2006).
The Court directs the Clerk to send Trice an application to proceed in

forma pauperis and a prisoner calculation sheet. Trice has until 15 October
2011 to either pay the $350 filing fee in full or file his application to proceed

in forma pauperis and his prisoner calculation sheet. If he does not do one or
the other, the Court will dismiss his case without prejudice pursuant to Local
Rule 5.5(c)(2).
So Ordered.

D.P. Marshall Jr?

United States District Judge

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