McMann et al v. United States of America

Filing 25

Chief Judge Patti B. Saris: ORDER entered allowing 24 Motion for Clarification and the initial, partial filing fee shall be collected only when funds exist pursuant to 28 U.S.C. § 1915(b)(1).(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
)
)
)
)
)
)

PAUL J. McMANN,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

C.A. No. 12-11872-PBS

ORDER RE: Plaintiff’s Motion
Requesting Clarification (Docket No. 24)
Now

before

the

Court

is

Plaintiff

Paul

McMann’s

Motion

Requesting Clarification of the Court’s Memorandum and Order dated
March 26, 2013, assessing him an initial, partial filing fee of
$10.80. Plaintiff explains that he has no funds to pay the initial
filing fee and he attaches a copy of his prison account statement.
On April 5, 2013, the Court received a letter from the Warden
stating that Plaintiff has no money in his account and is indigent.
See Docket No. 23.
The in forma pauperis statute requires the Court to assess an
initial partial filing fee, and McMann was assessed an initial,
partial payment of $10.90.
funds exist.”

However, collection only occurs “when

See 28 U.S.C. § 1915(b)(1) (court shall collect

initial partial filing fee “when funds exist”); see also 28 U.S.C.
§ 1915(b)(4) (prisoner shall not be prohibited from bringing civil
action because he lacks assets and means to pay initial partial
filing fee). Section 1915(b)(2) requires the remainder of the fee,
$339.20, to be collected from McMann’s account each time the amount
in his account exceeds $10.00.

Based

upon

the

foregoing,

Plaintiff’s

Motion

Requesting

Clarification is allowed and the initial, partial filing fee shall
be

collected

only

when

funds

exist

pursuant

to

28

U.S.C.

1915(b)(1).
SO ORDERED.
April 22, 2013
DATE

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

2

§