Claudio v. Mendoza et al
Filing
6
Judge Joseph L. Tauro: PROCEDURAL ORDER entered: within 21 days of this Procedural Order, plaintiff either shall (1) pay the $350.00 filing fee; or (2) file an application to proceed in forma pauperis accompanied by a certified prison account statement. Failure of the plaintiff to comply with this directive may result in the dismissal of this action.(PSSA, 1)[Remark: IFP form sent to plaintiff].
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JOSE CLAUDIO,
Plaintiff,
v.
SUPERINTENDENT MENDONZA, ET AL.,
Defendants.
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C.A. No. 12-11780-JLT
PROCEDURAL ORDER
On September 24, 2012, plaintiff filed this civil action but failed to pay the filing fee or to
seek a waiver thereof.
A party bringing a civil action must either (1) pay the $350.00 filing fee, see 28 U.S.C.
§ 1914(a); or (2) seek leave to proceed without prepayment of the filing fee, see 28 U.S.C. § 1915
(proceedings in forma pauperis). Where, as here, the plaintiff is a prisoner, a motion for waiver of
prepayment of the filing fee must be accompanied by “a certified copy of the trust fund account
statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding
the filing of the complaint . . . obtained from the appropriate official of each prison at which the
prisoner is or was confined.” 28 U.S.C. § 1915(a)(2).1
Accordingly, within 21 days of this Procedural Order, plaintiff either shall (1) pay the
$350.00 filing fee; or (2) file an application to proceed in forma pauperis accompanied by a certified
prison account statement. Failure of the plaintiff to comply with this directive may result in the
dismissal of this action.
For the convenience of litigants, this Court provides a form application to seek leave to
proceed in forma pauperis. The Clerk shall provide plaintiff with an Application to Proceed in
District Court Without Prepaying Fees or Costs.
The Clerk shall also send a copy of this Procedural Order to the Treasurer’s Office at the
prison facility in which plaintiff is incarcerated, in order to facilitate any request by the plaintiff for
his certified prison account statement. The Court requests that the Treasurer’s Office include in any
prison account statement the plaintiff’s average monthly deposits for the six-month period preceding
the date the complaint was filed, as well as the average monthly balance for that same period.
SO ORDERED.
September 27, 2012
DATE
1
/s/ Joseph L. Tauro
JOSEPH L. TAURO
UNITED STATES DISTRICT JUDGE
Unlike other civil litigants, prisoner plaintiffs are not entitled to a complete waiver of the
$350.00 filing fee, notwithstanding the grant of in forma pauperis status. Based on the information
contained in the prison account statement, the Court will direct the appropriate prison official to withdraw
an initial partial payment from the plaintiff’s account, followed by payments on a monthly basis until the
entire $350.00 filing fee is paid in full. See 28 U.S.C. § 1915(b)(1)-(2). Even if the action is dismissed
upon a preliminary screening, see 28 U.S.C. §§ 1915(e)(2), 1915A, the plaintiff remains obligated to pay
the fee, see McGore v. Wrigglesworth, 114 F.3d 601, 607 (6th Cir. 1997) (§ 1915(b)(1) compels the
payment of the fee at the moment the complaint is filed).
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