Ward v. Franciscy

Filing 32

OPINION AND ORDER: Plaintiff Kerwin Ward AFFORDED until 7/11/2011 within which to pay the remainder of his filing fee or provide the Court with his Indiana Department of Correction prisoner trust account ledger statements as outlined in Order. Clerk DIRECTED to forward to Plaintiff a non-prisoner informa pauperis petition. Plaintiff CAUTIONED that failure to respond to this Order may result in this case being dismissed without prejudice and without further notice. Signed by Magistrate Judge Roger B Cosbey on 6/7/11. (cer). Modified on 6/7/2011. (cer)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
KERWIN M. WARD,

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Plaintiff,
v.
JOSHUA FRANCISCY,
Defendant.

CAUSE NO. 1:10cv0429 RBC

OPINION AND ORDER
This matter is before the court sua sponte on Plaintiff Kerwin Ward’s current in forma
pauperis status. When the Plaintiff filed this action, he was a prisoner confined at the Westville
Correctional Facility. For purposes of the Prison Litigation Reform Act, the court must
determine the Plaintiff’s status on the date the suit or appeal is brought. Abdul-Wadood v.
Nathan, 91 F.3d 1023 (7th Cir. 1996). Ward was a prisoner when he submitted his complaint and
request to proceed in forma pauperis.
The Court granted Ward leave to proceed without full prepayment of fees and costs.
Granting a prisoner’s request to proceed in forma pauperis means that the inmate must pay the
full filing fee, but may benefit from procedures whereby he will be permitted to pay the fee in
installments from his prison trust account. 28 U.S.C. § 1915(b). The Court imposed an initial
partial filing fee of $13.76, which Ward paid on February 24, 2011. He made one additional
payment toward the filing fee on April 13, 2011, and still owes $323.64.
Ward has advised the Court that he has been released from custody, and is no longer
confined in any jail or penal facility.

When a prisoner is released from custody, the court

must reconsider his pauper status and determine his ability to continue to make payments toward
the filing fee. Robbins v. Switzer, 104 F3d at 898. Where a prisoner has been released from
custody he must still pay “the sum that should have been remitted before release. Robbins v.

Switzer, 104 F.3d 895, 898 (7th Cir. 1997). Failure to pay the initial partial filing fee, and any
installment payments the prisoner should have made before his release will result in the
dismissal of this case for failure to prosecute. Id. at 898.
For the foregoing reasons, the court AFFORDS the Plaintiff to and including July 11,
2011, within which to pay the remainder of the filing fee ($323.64), or within which to provide
the court with his Indiana Department of Correction prisoner trust account ledger statements for
the period between April 14, 2011, and the date of his release, to determine if he owes any
installment payments for that period, and to either pay the remainder of the $350.00 filing fee
and advise the court of his current financial situation. The court DIRECTS the clerk to forward
the Plaintiff a copy of the court’s in forma pauperis petition for non-prisoners along with this
order. The Court CAUTIONS the Plaintiff that failure to respond to this order may result
in this case being dismissed without prejudice and without further notice.
SO ORDERED.
ENTERED: June 7, 2011
s/Roger B. Cosbey
Roger Cosbey
United States Magistrate Judge

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