Long v. Broughton et al

Filing 2

ORDER directing the Clerk of Court to send plaintiff a copy of this order and a copy of the form application to proceed ifp including the certificate and account statement forms and directing plaintiff to return the application or the $350 statutory filing fee within 30 days from receipt of this order. Signed by Magistrate Judge Beth Deere on 1/20/09. (bkp)

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IN THE UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF ARKANSAS P I N E BLUFF DIVISION C L Y D E R. LONG, A D C # 137424 V. B R O U G H T O N , et al. ORDER P la in tif f , an inmate at the East Arkansas Regional Unit of the Arkansas D e p a rtm e n t of Correction ("ADC"), brings a pro se Complaint (docket entry #1) under 42 U .S .C . 1983. Upon review of the record, the Court notes that Plaintiff has neither paid th e statutory $350.00 filing fee nor filed an application to proceed in forma pauperis. Under the Prison Litigation Reform Act ("PLRA"), a prisoner who is permitted to file a c iv il action in forma pauperis still must pay the $350.00 statutory filing fee. 28 U.S.C. 1 9 1 5 (b )(1 ). The only question is whether a prisoner will pay the entire filing fee at the in itia tio n of the proceeding or in installments over a period of time. Ashley v. Dilworth, 1 4 7 F.3d 715, 716 (8th Cir. 1998). The PLRA requires that Plaintiff submit a proper and complete application to p ro c e ed in forma pauperis, along with a calculation sheet, prepared and signed by an a u th o riz e d officer of the correctional facility where he or she is being held. Based on in f o rm a tio n contained in the application and calculation sheet, the Court will assess an in itia l, partial filing fee if sufficient funds exist and will direct the future collection of m o n thly installment payments until the filing fee is paid in full. 28 U.S.C 1915(b)(1)No. 5:09CV00015 SWW-BD DEFENDANTS P L A IN T IF F (2 ). If the 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 w h o is immune from such relief, the full amount of the $350.00 filing fee will be c o lle c te d and no portion of this filing fee will be refunded to the prisoner. The Clerk of Court is directed to send Plaintiff a copy of this order and a copy of th e form application to proceed in forma pauperis, including the certificate and account s ta te m e n t forms. Plaintiff must return an application meeting the requirements of 28 U .S .C . 1915(a) or the $350.00 statutory filing fee to the Clerk within 30 days from re c eip t of this order to maintain this action.1 IT IS SO ORDERED this 20th day of January, 2009. ___________________________________ U N IT E D STATES MAGISTRATE JUDGE Plaintiff is notified of his responsibility to comply with the Local Rules of the C o u rt, including Rule 5.5(c)(2), which states: "It is the duty of any party not represented b y counsel to promptly notify the Clerk and the other parties to the proceedings of any c h a n g e in his or her address, to monitor the progress of the case, and to prosecute or d e f en d the action diligently. A party appearing for himself/herself shall sign his/her p le a d in g s and state his/her address, zip code, and telephone number. If any c o m m u n ic a tio n from the Court to a pro se plaintiff is not responded to within thirty (30) d a ys , the case may be dismissed without prejudice. Any party proceeding pro se shall be e x p e c te d to be familiar with and follow the Federal Rules of Civil Procedure." 2 1

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