Rice v. Jones et al
Filing
3
ORDERED that Plaintiff must return both the Prisoner Trust Fund Account Statement and the Consent to Collection of Fees From Trust Account to the Clerk within thirty days of this Order. Signed by Magistrate Judge G. R. Smith on 1/3/2014. (loh)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CHARLES VINCENT RICE,
)
)
Plaintiff,
)
V.
)
Case No. CV414-018
)
JASON JONES; STEVE McCUSKER; et al.,
)
)
Defendants.
)
ORDER
Plaintiff, an inmate at Chatham County Detention Center in
Savannah, Georgia, has submitted to the Court for filing a complaint
brought pursuant to 42 U.S.C. § 1983. Plaintiff seeks to proceed in forma
pauperis. After reviewing plaintiffs application, it appears that the plaintiff
lacks sufficient resources to prepay the filing fee. Accordingly, the Court
GRANTS plaintiff leave to proceed in forma pauperis.
Plaintiff is hereby advised that the procedures for filing and litigating
prisoner civil rights suits in federal court were significantly changed by the
Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321, enacted
on April 26, 1996. The Act requires all prisoners, even those who are
allowed to proceed in forma pauperis, to pay the full filing fee of $350.00.
28 U.S.C. § 1915(b)(1). Prisoner litigants allowed to proceed in forma
pauperis must pay an initial partial filing fee of 20 percent of the greater of
the average monthly deposits to, or average monthly balance in, the
prisoner's account for the 6-month period immediately preceding the filing
of the complaint. Prison officials are then required to collect the balance of
the filing fee by deducting 20 percent of the preceding month's income
credited to the prisoner's account. 28 U.S.C. § 1915(b)(2). This payment
shall be forwarded to the clerk of court "each time the amount in plaintiffs
account exceeds $10 until the full filing fees are paid." jçj. The entire filing
fee must be paid even if the suit is dismissed at the outset because it is
frivolous, malicious, fails to state a claim, or seeks monetary damages
against a defendant who is immune from such relief.
In addition to requiring payment of the full filing fee, the Act now
requires prisoners to exhaust all administrative remedies before challenging
"prison conditions" in a civil action. 42 U.S.C. § 1997e; see 18 U.S.C. §
3626(g) (2). All prisoner civil rights actions filed after April 26, 1996 are
subject to dismissal if the prisoner has not exhausted the available
administrative remedies with respect to each claim asserted. Moreover, even
2
if the complaint is dismissed for failure to exhaust, the prisoner will still be
responsible for payment of the full filing fee.
The new law also provides that a prisoner cannot bring a new civil
action or appeal ajudgment in a civil action in formapauperis if the prisoner
has on three or more prior occasions, while incarcerated, brought a civil
action or appeal in federal court that was dismissed because it was frivolous,
malicious, or failed to state a claim upon which relief may be granted. The
only exception to this "three strikes" rule is if the prisoner is in "imminent
danger of serious physical injury." 28 U.S.C. § 1915(g).
Because of these changes in the law, the court will give plaintiff an
opportunity, at this time, to voluntarily dismiss the complaint pursuant to
Fed. R. Civ. P. 41(a)(1). Such a voluntary dismissal will not require plaintiff
to pay the filing fee or count as a dismissal which may later subject plaintiff
to the three-dismissal rule under section 1915(g).
IT IS HEREBY ORDERED that:
(1) Plaintiff must furnish the enclosed Prisoner Trust Fund
Account Statement to the trust (financial) officer of each prison where he
has been confined for the past six months. The trust officer will complete
3
and sign the form and return the form and supporting documents to plaintiff
for submission to the Court. Two copies of the form are enclosed for this
purpose.
(2)
Plaintiff must sign and date the enclosed Consent to
Collection of Fees from Trust Account. By signing this form, plaintiff
gives his consent to the collection of the entire filing fee from his prison
account in installments, in accordance with the provisions of the Prison
Litigation Reform Act.
(3)
Plaintiff must return both the Prisoner Trust Account
Statement and the Consent to Collection of Fees from Trust Account
to the Clerk within thirty days of this Order.
Once plaintiff has complied with the conditions of this Order, the
Court will review plaintiffs complaint to determine which, if any, claims are
viable and which, if any, defendants should be served with a copy of the
complaint. If no response is timely received from plaintiff, the Court will
presume that plaintiff desires to have this case voluntarily dismissed and
will dismiss this action without prejudice.
4
Failure to comply with this order by March 5. 2014 shall result
in the dismissal of plaintiffs case, without prejudice.
SO ORDERED this 3rd day of February, 2014.
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CHARLES VINCENT RICE,
)
)
Plaintiff,
)
V.
)
JASON JONES; STEVE McCUSKER; et al.,
Case No. CV414-018
)
)
)
Defendants.
)
PRISONER TRUST FUND ACCOUNT STATEMENT
Under the Prison Litigation Reform Act, a prisoner seeking to bring a civil action
without prepayment of fees must obtain from the appropriate prison official a certified copy
of the prisoner's trust account statement for the six-month period immediately preceding the
filing of the complaint. The plaintiff in this case has been instructed by the Court to furnish
this form to the trust officer of each institution where he has been confined for the last six
months.
Please complete this form, attach the supporting ledger sheets, and return these
documents to the prisoner for mailing to the Court.
DATE OF FILING COMPLAINT:
AVERAGE MONTHLY DEPOSITS during the six
months prior to filing of the complaint:
January 28 2014
(to be compreted by the clerk)
AVERAGE MONTHLY BALANCE during the six
months prior to filing of the complaint:
I certify that the above information accurately states the deposits and balances in the
plaintiff's trust account for the period shown and that the attached ledger sheets are true
copies of the account records maintained by this institution.
Signature of Authorized Officer of Institution
Print or Type Name
Date
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CHARLES VINCENT RICE,
)
)
Plaintiff,
)
V.
)
JASON JONES; STEVE McCUSKER; et al.,
Case No. CV414-018
)
)
)
Defendants.
)
PRISONER TRUST FUND ACCOUNT STATEMENT
Under the Prison Litigation Reform Act, a prisoner seeking to bring a civil action
without prepayment of fees must obtain from the appropriate prison official a certified copy
of the prisoner's trust account statement for the six-month period immediately preceding the
filing of the complaint. The plaintiff in this case has been instructed by the Court to furnish
this form to the trust officer of each institution where he has been confined for the last six
months.
Please complete this form, attach the supporting ledger sheets, and return these
documents to the prisoner for mailing to the Court.
January 28, 2014
DATE OF FILING COMPLAINT:
AVERAGE MONTHLY DEPOSITS during the six
(to be compreted by the clerk)
months prior to filing of the complaint:
AVERAGE MONTHLY BALANCE during the six
months prior to filing of the complaint:
I certify that the above information accurately states the deposits and balances in the
plaintiff's trust account for the period shown and that the attached ledger sheets are true
copies of the account records maintained by this institution.
Signature of Authorized Officer of Institution
Print or Type Name
7
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
CHARLES VINCENT RICE,
Plaintiff,
Case No. CV414-018
V.
)
JASON JONES; STEVE McCUSKER; et al., )
)
Defendants.
CONSENT TO COLLECTION OF FEES FROM TRUST ACCOUNT
As a condition to proceeding with this lawsuit, I hereby consent for the
appropriate prison officials to withhold from my prison account and pay to the
Court an initial partial filing fee equal to 20 percent of the greater of
(a) the average monthly deposits to my account, or
(b) the average monthly balance in my account
for the six-month period immediately preceding the filing of my complaint. I
understand that I may not withdraw any monies from my account until this initial
payment has been paid.
After the payment of any initial partial filing fee, I further consent for the
appropriate prison officials to collect from my account on a continuing basis each
month an amount equal to 20 percent of all deposits credited to my account. Each
time the set aside amount reaches $10.00, the trust officer shall forward the
payment to the Clerk's office, United States District Court, P.O. Box 8286,
Savannah, Georgia, until such time as the $350.00 filing fee is paid in full.
By executing this document, I also authorize collection on a continuing basis
of any additional costs which may be imposed by the Court.
Date:
Plaintiffs Signature:
Plaintiffs Prison No:
8
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?