Jones et al v. Jolly et al

Filing 10

ORDER directing the Clerk to forward an ifp application to each plaintiff, as well as a calculation sheet and certificate to Jones. Plaintiffs are directed to submit the $350.00 statutory filing fee, or to complete and sign the ifp application, and file it. Any plaintiff's failure to comply within 30 days of this Order's entry will result in the recommended dismissal of his or her complaint. Plaintiffs Sandra E. Muhammad and Gina Anderson are directed to file signed, amended co mplaints setting forth their specific claims against each defendant. Muhammad's or Anderson's failure to do so within 30 days will result in the dismissal of their complaints. Service is not appropriate at this time. Signed by Judge Billy Roy Wilson on 4/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
BENJAMIN MUHAMMAD JONES et al.

PLAINTIFFS

ADC #89586
V.

4:12-CV-00100 BRW

MIKE JOLLY et al.

DEFENDANTS
ORDER

Plaintiffs Benjamin Muhammad Jones, Sandra E. Muhammad, and Gina Anderson, filed this
pro se1 complaint (Doc. No. 1), pursuant to 42 U.S.C. § 1983, on February 16, 2012. No Plaintiff
submitted the $350.00 statutory filing fee or filed an application for leave to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915(a). Moreover, Plaintiffs Muhammad and Anderson did not
sign the complaint.
Filing fee
Under the Prison Litigation Reform Act of 1995, a prisoner who is permitted to file a civil
action in forma pauperis still must pay the full statutory filing fee of $350.00.2 The only question
is whether a prisoner will pay the entire filing fee at the initiation of the proceeding or in

Plaintiffs are notified of their 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

2

28 U.S.C. §1915(b)(1).
1

installments over a period of time.3 Even if a prisoner is without assets and unable to pay an initial
filing fee, he will be allowed to proceed with his claims and the filing fee will be collected by the
Court in installments from the prisoner’s inmate trust account.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 $350.00 filing fee
will be collected and no portion of this filing fee will be refunded to the prisoner.
So that the Court can determine how the $350.00 filing fee will be paid, Plaintiffs must each
submit, within 30 days of this order’s entry date, either the full statutory filing fee, or an application
for leave to proceed in forma pauperis. Jones must also provide a trust fund calculation sheet and
certificate, prepared and executed by an authorized official at his incarcerating facility. Based on
this information, the Court will assess an initial partial filing fee as to Jones if sufficient funds exist,
and will also direct the future collection of monthly installment payments from Jones’s account until
the filing fee is paid in full.5 However, no prisoner will be prohibited from bringing a civil action
because he “has no assets and no means by which to pay the initial partial filing fee.”6 Any
Plaintiffs’ failure to comply will result in the dismissal of that Plaintiff’s claims.
Complaint
Jones is the only Plaintiff who signed the complaint, and it appears that he alone authored
the document. Accordingly, if Muhammad and Anderson wish to continue with this complaint, they

3

Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir. 1998).

4

28 U.S.C. § 1915(b)(4).

5

Id. 28 U.S.C. § 1915(b)(1) and (2).

6

Id. 28 U.S.C. § 1915(b)(4).
2

must not only pay the filing fee or be granted in forma pauperis status, but they must also file a
signed, amended complaint, which sets forth their specific allegations against each Defendant.7 The
complaint should include, where applicable, relevant dates and times. Muhammad’s or Anderson’s
failure to file an amended complaint as ordered will result in the dismissal of their claims.
IT IS THEREFORE ORDERED THAT:
1.

The Clerk is directed to forward an in forma pauperis application to each Plaintiff,

as well as a calculation sheet and certificate to Jones.
2.

Plaintiffs are directed to submit the $350.00 statutory filing fee, or to complete and

sign the in forma pauperis application, and file it. If he chooses to file an application for leave to
proceed in forma pauperis, Jones must also file a completed trust fund calculation sheet and
certificate. Any Plaintiff’s failure to comply within 30 days of this order’s entry date will result in
the recommended dismissal of his or her complaint.
3.

Plaintiffs Sandra E. Muhammad and Gina Anderson are directed to file signed,

amended complaints setting forth their specific claims against each Defendant. Muhammad’s or
Anderson’s failure to do so within 30 days will result in the dismissal of their complaints.
4.

Service is not appropriate at this time.

DATED this 10th day of April, 2012.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

7

See FED.R.CIV. P. 11. Local Rule 5.5(c)(2).
3