Ewell v. Kelly et al

Filing 2

ORDER directing plaintiff to either pay the $400 filing fee or submit a properly completed application to proceed ifp within 30 days of the date of this Order. The Clerk is directed to send to Plaintiff an In Forma Pauperis Motion, together with the filing fee calculation sheet. The Clerk shall also send Plaintiff the signature page of his Complaint, for his signature, date, and return. Signed by Magistrate Judge Jerome T. Kearney on 8/30/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
DAMONT EWELL,
ADC #109853
v.

PLAINTIFF
5:13CV00276-JLH-JTK

WENDY KELLY, et al.

DEFENDANTS
ORDER

Plaintiff Damont Ewell is a state inmate who filed a Complaint (Doc. No. 1) pursuant to 42
U.S.C. § 1983, without prepayment of the $400.00 filing fee and costs, or a Motion to Proceed In
Forma Pauperis (IFP).1
Under the Prison Litigation Reform Act (“PLRA”), 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.

1

Effective May 1, 2013, the statutory filing fee for civil actions increased to $400, due to the
implementation of a $50 administrative fee. This $50 fee does not, however, apply to in forma
pauperis actions.
1

The PLRA requires a Plaintiff to submit a proper and complete Motion to Proceed In Forma
Pauperis, along with calculation sheet prepared and signed by an authorized officer of the detention
center.

Plaintiff must submit, within thirty (30) days from entry of this Order, either: (1) the

statutory filing fee of $400; or (2) a proper and complete IFP Motion, with the required calculation
sheet signed by an authorized official of the detention center at which he is confined.
In addition, the Court notes that Plaintiff did not sign or date his Complaint. Therefore, he
will be directed to do so within the thirty-day time period. Accordingly,
IT IS THEREFORE ORDERED that Plaintiff must submit either the $400 statutory filing
fee or an In Forma Pauperis Motion within thirty days of the entry date of this Order.2
IT IS FURTHER ORDERED that Plaintiff must submit a signed and dated copy of his
Complaint within thirty days of the date of this Order.
The Clerk is directed to send to Plaintiff an In Forma Pauperis Motion, together with the
filing fee calculation sheet. The Clerk shall also send Plaintiff the signature page of his Complaint,
for his signature, date, and return.
IT IS SO ORDERED this 30th day of August, 2013.

_____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE

2

The Plaintiff is hereby notified of his responsibility to comply with the Local Rules of the
Court, including Rule 5.5(c)(2), which states: “. . . 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.”
2