McMann et al v. United States of America

Filing 14

Judge Patti B. Saris: PROCEDURAL ORDER entered. The Court will not permit the plaintiff to proceed in forma pauperis at this time because he has not submitted the requisite request. Within 21 days of the date of this Procedural Order, plaintiff e ither shall (1) pay the $350.00 filing fee; or (2) submit the affidavit required under 28 U.S.C. § 1915(a)(1). The Clerk mailed the Procedural Order to plaintiff with an Application to Proceed in District Court Without Prepaying Fees or Costs.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
PAUL J. MCMANN,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
UNITED STATES, et al.,
Defendants.

C.A. No. 12-11872-PBS

PROCEDURAL ORDER
SARIS, D.J.
Paul McMann, a federal pretrial detainee1 confined in the
Wyatt Detention Center located in Central Falls, Rhode Island,
filed a Bivens2 complaint naming the United States and Attorney
General Holder as defendants.

Plaintiff's complaint consists

primarily of a recounting of events leading up to the issuance of
a detention order in his criminal action as well as his
complaints concerning the conditions of his detention at the
Wyatt Detention Center.

Because civil cases are not assigned as

related to criminal cases, this civil action was randomly
assigned.
It appears that McMann seeks in forma pauperis status

1

McMann was charged, in the District of Massachusetts, with
three counts of wire fraud in violation of 18 U.S.C. § 1343. See
United States v. McMann, C.R. No. 10-10387-RWZ (pending).
2

A Bivens claim is a judicially created cause of action that
authorizes a plaintiff to recover monetary damages from federal
actors who have deprived him of constitutional rights. See
Bivens v. Six Unknown Named Agents of the Federal Bureau of
Narcotics, 403 U.S. 388, 395-97, 91 S.Ct. 1999, 29 L.Ed.2d 619
(1971) 402 U.S. at 395-97.

because he has filed a prison account statement as well as a
declaration in support of a request to proceed in forma pauperis.
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).
Moreover, any plaintiff moving to proceed without prepayment
of the filing fee must submit an affidavit that "includes a
statement of all assets such prisoner possesses [showing] that
the person is unable to pay such fees or give security therefor"
and "state[s] the nature of the action, defense or appeal and
affiant's belief that the person is entitled to redress."

28

U.S.C. § 1915(a)(1).
Although plaintiff has provided his prison account
statement, he has not filed an actual motion or application to

2

proceed in forma pauperis.

The Court will not permit the

plaintiff to proceed in forma pauperis at this time because he
has not submitted the requisite request.
Accordingly, within 21 days of the date of this Procedural
Order, plaintiff either shall (1) pay the $350.00 filing fee; or
(2) submit the affidavit required under 28 U.S.C. § 1915(a)(1).
For the convenience of litigants, this Court provides the
standardized form "Application to Proceed in District Court
Without Prepaying Fees or Costs" for requests to proceed in forma
pauperis.

Submission of this completed Application will satisfy

the affidavit requirement of 28 U.S.C. § 1915(a)(1).

The Clerk

is directed to provide the plaintiff with a copy of this form.
SO ORDERED.
December 10, 2012
DATE

/s/ Patti B. Saris
PATTI B. SARIS
UNITED STATES DISTRICT JUDGE

3