Dickerson v. Bowen et al
ORDER directing the Clerk to send Plaintiff a prison calculation sheet. Plaintiff must, within 30 days of the entry of this Order, file his properly completed prison calculation sheet and file an Amended Complaint containing the specified information. Plaintiff is reminded that if he fails properly comply with any portion of this Order, this case will be dismissed without prejudice. Signed by Magistrate Judge J. Thomas Ray on 1/17/2014. (ks)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Faulkner County Sheriff’s Office, et al.
Plaintiff, Colby Dickerson, is a pretrial detainee in the Faulkner County
Detention Center. He has filed a pro se § 1983 Complaint and an Application to
Proceed In Forma Pauperis.
I. Application to Proceed In Forma Pauperis
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 has not provided the Court with a prison calculation sheet specifying
his average monthly deposits and average monthly balances. The Court must have
this information to: (1) determine whether he is entitled to proceed in forma pauperis;
and (2) assess an initial partial filing fee. See 28 U.S.C. § 1915(b)(1) (providing that
the initial partial filing fee must be “20% of the greater of the average monthly
deposits to the prisoner’s account or the average monthly balance in the prisoner’s
account”). Accordingly, the Court will give Plaintiff thirty days to file a prison
calculation sheet that has been completed by an authorized jail official.
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
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). When making this determination, the Court must
accept the truth of the factual allegations contained in the complaint. Ashcroft v. Iqbal,
556 U.S. 662, 678 (2009); Reynolds v. Dormire, 636 F.3d 976, 979 (8th Cir. 2011).
Plaintiff alleges that Defendants violated his constitutional rights by making
him sleep on the floor and by denying him unspecified medical care. Doc. 2. The
Court needs further information to complete § 1915A screening.
Therefore, Plaintiff has thirty days to file an Amended Complaint clarifying:
(1) how long he slept on the floor, whether he had a mattress and/or blanket, and how
he was harmed by sleeping on the floor; (2) what medical condition he sought
treatment for, and how the provided care was inadequate; and (3) how Defendants
Bowen, Huffman, Lasker, and Randall each personally participated in each
IT IS THEREFORE ORDERED THAT:
The Clerk is directed to send Plaintiff a prison calculation sheet.
Plaintiff must, within thirty days of the entry of this Order, file his
properly completed prison calculation sheet.
Plaintiff must, within thirty days of the entry of this Order, file an
Amended Complaint containing the specified information.
Plaintiff is reminded that if he fails to time and properly comply with any
portion of this Order, this case will in the dismissal of this case, without prejudice,
pursuant to Local Rule 5.5(c)(2).
Dated this 17th day of January, 2014.
UNITED STATES MAGISTRATE JUDGE
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