Super v. Bridgewater State Hospital

Filing 6

Judge Denise J. Casper: ORDER entered. This action is DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee. This dismissal is without prejudice to the plaintiff submitted, within forty-two days, a motion to reopen with (1) payment of the & #036;400 filing and administrative fees; or (2) a completed Application to Proceed in District Court Without Prepaying Fees or Costs. Except upon reopening of this case and by order of this Court, no filing fee shall be assessed in this action. (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JAMES SUPER,
Plaintiff,
v.
BRIDGEWATER STATE HOSPITAL,
Defendant.

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Civil Action No. 14-14269-DJC

ORDER
CASPER, J.

May 7, 2015

On November 10, 2014, James Super (“Super”), who is confined at Bridgewater State
Hospital, filed a pro se complaint concerning the medical care he is receiving. He did not pay the
filing fee or file a motion for leave to proceed without prepayment of the fee.
In an order dated December 9, 2014 (D. 3), the Court directed Super to pay the $400 filing
and administrative fees or seek leave to proceed in forma pauperis by filing an Application to
Proceed in District Court Without Prepaying Fees or Costs and the six-month prison account
statement required under 28 U.S.C. § 1915(a)(2) within twenty-one days. The Court noted in a
footnote that prisoner plaintiffs who are allowed to proceed in forma pauperis must nonetheless pay
the $350 filing fee over time. See 28 U.S.C. § 1915(b). The Court also stated that failure to
respond to the order could result in dismissal of the action without prejudice.
The Clerk included an Application Proceed in District Court Without Prepaying Fees or
Costs with the copy of the order mailed to Super. The Clerk also sent a copy of the order to the
treasurer of Bridgewater State Hospital to facilitate any request by the plaintiff for his six-month
prison account statement; the Court did not ask the treasurer to provide that information directly to
the Court.

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On December 22, 2014, the Court received a six-month prison account statement for Super.
It is unclear whether this account statement was submitted by the prison treasurer or by the plaintiff.
Based on the information contained therein, the initial partial filing fee would be $17.73.
However, Super did not file an Application to Proceed in District Court Without Prepaying
Fees or Costs or any other document indicating a desire to pursue this case and incur an obligation
to pay the filing fee. In the absence of a motion to proceed in forma pauperis, it is unclear whether
the plaintiff intends to prosecute this action and accept the concomitant responsibility of paying the
filing fee up front or by making incremental payments pursuant to 28 U.S.C. § 1915(b). The Court
declines to construe the prison account statement (which may have been submitted by the treasurer
and lacks the signature of the plaintiff) as a motion for leave to proceed in forma pauperis.
Accordingly:
1.

This action is DISMISSED WITHOUT PREJUDICE for failure to pay the filing fee.

This dismissal is without prejudice to the plaintiff submitted, within forty-two days, a motion to
reopen with (1) payment of the $400 filing and administrative fees; or (2) a completed Application
to Proceed in District Court Without Prepaying Fees or Costs.
2.

Except upon reopening of this case and by order of this Court, no filing fee shall be

assessed in this action.
3.

The Clerk shall provide the plaintiff with an Application to Proceed in District Court

Without Prepaying Fees or Costs.
So ordered.
/s/ Denise J. Casper
United States District Judge

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