MCCRORY v. ANDERSON POLICE DEPT. et al

Filing 13

ORDER DENYING 11 Motion for Reconsideration. The filing fee for a civil action is $350.00. No error has occurred with respect to the collection of the filing fee through the steps described above. The plaintiff's motion for reconsideration 11 suggesting otherwise is therefore denied. (S.E.)cm. Signed by Judge Sarah Evans Barker on 5/18/2011. (CKM)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA JEFFERY McCRORY, Plaintiff, vs. OFFICER J.L. SENSENEY, el al., Defendants. ) ) ) ) ) ) ) ) No. 1:11-cv-086-SEB-DML ENTRY The plaintiff’s motion for reconsideration has been considered. “A motion to reconsider asks that a decision be reexamined in light of additional legal arguments, a change of law, or an argument that was overlooked earlier . . . .” Patel v. Gonzales 442 F.3d 1011, 1015-1016 (7th Cir. 2006). The plaintiff is an Indiana prisoner who has filed this civil rights lawsuit against two Anderson police officers. The plaintiff was assessed an initial partial filing fee of $16.20. Following payment of that sum, the court issued various orders, including an order to the plaintiff’s custodian to collect the balance of the filing fee in the manner prescribed by 28 U.S.C. § 1915(b). The plaintiff’s motion for reconsideration is premised on his misunderstanding concerning the effect of in forma pauperis status. "[E]very litigant has the legal responsibility to pay the filing and docketing fees to the extent feasible." Longbehn v. United States, 169 F.3d 1082, 1083 (7th Cir. 1999). When a prisoner-litigant is granted in forma pauperis status, the prisoner is required to pay an "initial partial filing fee" that is computed on the basis of the information in his prisoner's account. 28 U.S.C. § 1915(b)(1). That is what occurred here through the assessment of the initial partial filing fee. The prisoner is then required to pay the balance in monthly installments. Id. § 1915(b)(2), (b)(3). That is what has occurred through the issuance of the Order directing collection of the balance of the filing fee by the plaintiff’s custodian through deposits to the plaintiff’s inmate account. The filing fee for a civil action is $350.00. No error has occurred with respect to the collection of the filing fee through the steps described above. The plaintiff’s motion for reconsideration [11] suggesting otherwise is therefore denied. IT IS SO ORDERED. _______________________________ Date: 05/18/2011 SARAH EVANS BARKER, JUDGE United States District Court Southern District of Indiana Distribution: Officer J.L. Senseney Anderson Police Department 1040 Main Street Anderson, IN 46016 Officer Shad Grile Anderson Police Department 1040 Main Street Anderson, IN 46016 Jeffery McCrory DOC #197273 Pendleton - CIF Inmate Mail/Parcels 5214 Reformatory Road Pendleton, IN 46064

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?