Slocum v. Austin et al

Filing 3

ORDER directing plaintiff to submit either the $350 statutory filing fee or a properly completed application to proceed ifp within 30 days of the entry date of this Order. The Clerk is directed to send to plaintiff an application to proceed ifp, along with a prison calculation sheet. Signed by Judge Susan Webber Wright on 11/5/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

JACQUES R. SLOCUM,
ADC #152766
V.

PLAINTIFF
4:12CV00664 SWW

LATONYA LAIRD AUSTIN;
and AUSTIN LAW FIRM

DEFENDANTS

ORDER
Plaintiff, Jacques R. Slocum, is a prisoner in the Cummins Unit of the Arkansas
Department of Correction. He has recently filed a pro se1 § 1983 Complaint alleging
that Defendants violated his constitutional rights.
The fee for filing a § 1983 action in federal court is $350. Plaintiff has not paid
1

Plaintiff is 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 or filed an Application to Proceed In Forma Pauperis. 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.2
However, Plaintiff should be aware that, even if he is granted permission to
proceed in forma pauperis, he still must pay the $350 filing fee in full. 28 U.S.C. §
1915(b). The only difference is that, by being granted permission to proceed in forma
pauperis, Plaintiff will be allowed to pay the $350 filing fee in monthly installments
taken from his institutional account, rather than all at once, at the time of filing his
Complaint. Id. Further, if Plaintiff’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 Plaintiff.

IT IS THEREFORE ORDERED THAT:

2

Plaintiff must sign the Application to Proceed In Forma Pauperis. In contrast,
the prisoner calculation sheet must be completed and signed by an authorized prison
official.
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1.

The Clerk is directed to send Plaintiff an Application to Proceed In

Forma Pauperis, along with a prison calculation sheet.
2.

Plaintiff must, within thirty days of the entry of this Order, either: (a)

pay the $350 filing fee in full; or (b) file a properly completed Application to Proceed
In Forma Pauperis and prisoner calculation sheet.
3.

Plaintiff is reminded that the failure to timely and properly comply with

this Order will result in the dismissal of this case, without prejudice, pursuant to Local
Rule 5.5(c)(2).
Dated this 5th day of November, 2012.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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