Aldrich v. Ruano

Filing 17

Judge William G. Young: MEMORANDUM AND ORDER entered granting 14 Motion for Leave to Appeal in forma pauperis. Plaintiff Robert Aldrich is assessed an initial partial filing fee of $30.57, pursuant to 28U.S.C. § 1915(b)(1)(A) with respect to his obligation to pay the District Court filing fee; The remainder of the fee $319.43 is to be assessed and collected in accordance with 28 U.S.C. § 1915(b)(2). (PSSA, 1)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
ROBERT ALDRICH,
Plaintiff,
v.

Civil Action
No. 13-10754 -WGY

RAQUEL RUANO,
Defendant.

MEMORANDUM AND ORDER
YOUNG, D.J.

July 10, 2013

On May 31, 2013, this Court dismissed this case by Electronic Order, noting an opinion
would follow. On June 17, 2013, Plaintiff filed a Notice of Appeal (Docket No. 8). See Aldrich
v. Ruano, No. 13-1798 (1st Cir. 2013). Thereafter, on June 24, 2013, a Memorandum (Docket
No. 11) issued setting forth the reasons for dismissal. This Court also denying Plaintiff’s Motion
for Leave to Proceed in forma pauperis (Docket No. 2) because Plaintiff failed to submit his
certified prison account statement as required. Nevertheless, this Court stated that:
Notwithstanding the denial of this motion, however, this does not absolve Aldrich
from his obligations to pay the entire $350.00 filing fee for this action, which was
due at the time of filing of the Complaint. This Court will enter an Order
assessing Aldrich’s filing fee obligations pursuant to 28 U.S.C. § 1915(b) upon
receipt of his prison account statement filed in connection with any Motion for
Leave to Proceed on Appeal in forma pauperis, which must be filed with the
District Court in the first instance. Aldrich is advised that failure to satisfy the
filing fee requirements of the United States Court of Appeals for the First Circuit
(“First Circuit”) may result in the dismissal of his appeal by the First Circuit.
Memorandum (Docket No. 11 at 5).
On June 28, 2013, Plaintiff filed a Motion for Leave to Appeal in forma pauperis (Docket
No. 14). On July 3, 2013, Plaintiff filed his prison account statement.
Upon review of Plaintiff’s financial disclosures and prison account statement, this Court
finds that Plaintiff lacks sufficient funds to pay the appellate filing fees. Accordingly, his

Motion for Leave to Appeal in forma pauperis (Docket No. 14) is ALLOWED. The clerk shall
transmit a copy of this Memorandum and Order to the First Circuit Clerk’s Office.
Further, in view of this Court’s Memorandum advising Plaintiff that he would be
assessed the $350.00 filing fee pursuant to the Prison Litigation Reform Act, it is hereby Ordered
that:
Plaintiff is a prisoner, he is obligated to make payments toward the filing fee pursuant to 28
U.S.C. § 1915(b).
In light of this, it is hereby Ordered that:
1.

Plaintiff Robert Aldrich is assessed an initial partial filing fee of $30.57, pursuant to 28
U.S.C. § 1915(b)(1)(A);1

2.

The remainder of the fee $319.43 is to be assessed and collected in accordance with 28
U.S.C. § 1915(b)(2).
This assessment is made apart from any other assessments made in other civil actions

filed by Plaintiff; however, for purposes of clarification for crediting any funds received from
Plaintiff, and to facilitate proper record-keeping by the Treasurer’s Office at MCI Shirley and by
the Clerk’s Office Accounting Department, this Court intends that any funds received from
plaintiff's prison account first be applied to any prior Order of a Court assessing a filing fee

1

This assessment is made pursuant to a manual calculation of Plaintiff’s six-month
average deposits, as reflected in the prison account submitted. This is without prejudice to
Plaintiff seeking modification provided he submit certified prison account information
demonstrating that a different assessment should be made under 28 U.S.C. § 1915(b). This
assessment is made even though Plaintiff may not have sufficient funds in his account to pay the
initial partial filing fee. The in forma pauperis statute provides for assessment of the filing fee at
the time of filing of the Complaint, with collection to be made when funds exist.
2

pursuant to 28 U.S.C. § 1915.2

SO ORDERED.

/s/ William G. Young
WILLIAM G. YOUNG
UNITED STATES DISTRICT JUDGE

2

In other words, plaintiff's filing fee obligation in this action shall be collected
consecutively and not simultaneously with any prior filing fee obligation imposed by a court.
See Ruston v. NBC Television, USCA No. 06-4672-cv (2d Cir. 2009) citing Whitfield v. Scully,
241 F.3d, 241 F.3d 264, 277 (2d Cir. 2001). See also Lafauci v. Cunningham, 139 F. Supp. 2d
144, 147 (D. Mass. 2001)(reviewing decisions of the courts of appeals for the Second, Seventh,
and District of Columbia circuits, and indicating that “the simultaneous collection of filing fees
from indigent prisoners may raise serious constitutional concerns”).
3