Stone v. Worcester County Sherriffs Office et al

Filing 7

Judge Allison D. Burroughs: ORDER entered denying without prejudice 6 Motion for appointment of pro bono counsel; denying without prejudice 2 Motion for Leave to Proceed in forma pauperis.[Mailed to plaintiff on 2/21/2018 with an Application to Proceed in District Court Without Prepaying Fees or Costs.] (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
STEPHEN STONE,
Plaintiff,
v.
WORCESTER COUNTY SHERIFF’S
OFFICE, et al.,
Defendant.

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C.A. No. 18-10011-ADB

ORDER
BURROUGHS, D.J.
For the reasons stated below, the Court denies without prejudice the plaintiff’s motion for
leave to proceed in forma pauperis. The Court also denies without prejudice the motion for
appointment of pro bono counsel.
I.

Background
On January 2, 2018, pro se plaintiff Stephen Stone, who is confined at the Bridgewater

State Hospital, filed a civil rights complaint in which he complains of inadequate medical care
while he was in the custody of the Worcester County Sheriff’s Office. He also filed a motion for
leave to proceed in forma pauperis [ECF No. 2] and two prison account statements. The most
recent prison account statement [ECF No. 4], dated January 3, 2018, was issued by Bridgewater
State Hospital. Although the statement purports to cover the period from July 3, 2017 to January
3, 2018, the document only contains a record of four transactions in December 2017.
II.

Discussion
To proceed with an action without the prepayment of fees, a prisoner must file a motion

to proceed in forma pauperis with “a certified copy of the trust fund account statement . . . 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) (emphasis added). The Court then assesses, and when funds exist,
collects from the prisoner an initial partial filing fee of twenty percent of the average monthly
deposits or the average monthly balance in the prisoner's trust account for the six-month period
immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(b)(1). The prisoner
pays the rest of the $350 filing fee over a period of time. See 28 U.S.C. § 1915(b)(2).
Here, Stone did not provide a prison account statement that covers the six-month period
prior to filing this action. Although the statement from Bridgewater State Hospital indicates that
it covers a six-month period, it does not contain Stone’s financial information for any time
during those six months when he was not actually confined in that institution. Not only does the
statement suggest on its face that it is limited, it is clear from an exhibit that Stone attached to his
motion for pro bono counsel [ECF No. 6] that he was not at Bridgewater State Hospital for the
six-month period prior to filing this action on January 3, 2018. The exhibit [ECF No. 6-2]
consists of a motion prepared by his criminal defense attorney. In the motion, dated August 25,
2017, counsel states that Stone is confined at the Billerica House of Correction and that he had
also been in the custody of the Worcester and Norfolk Sheriff’s Departments. See id. at 14.
Without account statements that cover the six-month period preceding the filing of this
action, the Court cannot accurately assess Stone’s financial situation or calculate an initial partial
filing fee.
II.

Conclusion
Accordingly, the motion for leave to proceed in forma pauperis is DENIED WITHOUT

PREJUDICE. Should Stone wish to proceed with this action, he must file a renewed motion for
leave to proceed in forma pauperis with prison account statements obtained from the appropriate
official of each institution at which Stone is or was confined in the six-month period preceding
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the filing of the lawsuit. In the alternative, Stone may pay the $350 filing fee and the $50
administrative fee. Failure to comply with this directive within thirty-five days will result in
dismissal of this action without prejudice.
The motion for counsel [ECF No. 6] is DENIED WITHOUT PREJUDICE to renewal
after the filing fee has been resolved, the Court has conducted a preliminary review of the
complaint, and the defendants have been served with and responded to the complaint.
IT IS SO ORDERED.
Dated: February 21, 2018
/s/ Allison D. Burroughs
ALLISON D. BURROUGHS
DISTRICT JUDGE

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