Reese-Green v. Federal Bureau of Investigation

Filing 5

OPINION and ORDER of Summary Dismissal. Signed by District Judge Judith E. Levy. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Terri N. Reese-Green,
Plaintiff,

Case No. 17-cv-13100

v.

Judith E. Levy
United States District Judge

Federal Bureau of Investigation,
Mag. Judge Stephanie Dawkins
Davis

Defendants.
________________________________/

OPINION AND ORDER OF SUMMARY DISMISSAL
Plaintiff is an inmate currently confined at the Huron Valley
Women’s Correctional Facility in Ypsilanti, Michigan.

She filed a

complaint against defendant Federal Bureau of Investigation on
September 19, 2017.

(Dkt. 1.)

On September 22, 2017, Magistrate

Judge R. Steven Whalen signed an order of deficiency, which required
plaintiff to file pay the $350.00 filing fee, plus the additional $50.00
administrative fee, or to submit an application to proceed in forma
pauperis within thirty days of the order. (Dkt. 3.) To date, plaintiff has
neither paid the filing fee in full nor supplied this Court with the

requested information. For the reasons stated below, the complaint is
dismissed without prejudice.
The Prisoner Litigation Reform Act of 1995 (PLRA) states that “if
a prisoner brings a civil action or files an appeal in forma pauperis, the
prisoner shall be required to pay the full amount of a filing fee.” 28
U.S.C. § 1915(b)(1)(as amended).

See also In re Prison Litigation

Reform Act, 105 F. 3d 1131, 1138 (6th Cir. 1997).

The in forma

pauperis statute, 28 U.S.C. § 1915(a), provides prisoners the
opportunity to make a “downpayment” of a partial filing fee and pay the
remainder in installments. See Miller v. Campbell, 108 F. Supp. 2d
960, 962 (W.D. Tenn. 2000). Under the PLRA, a prisoner may bring a
civil action in forma pauperis if he or she files an affidavit of indigence
and a certified copy of the trust fund account statement for the sixmonth period immediately preceding the filing of the complaint. See 28
U.S.C.A. § 1915(a).
If the inmate does not pay the full filing fee and fails to provide
the required documents, the district court must notify the prisoner of
the deficiency and grant him or her thirty days to correct it or pay the
full fee. See McGore v. Wrigglesworth, 114 F. 3d 601, 605 (6th Cir.
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1997). If the prisoner does not comply, the district court must presume
that the prisoner is not a pauper, assess the inmate the full fee, and
order the case dismissed for want of prosecution. Id.
The Court will dismiss this complaint without prejudice for want
of prosecution, due to plaintiff’s failure to comply with Magistrate Judge
Whalen’s deficiency order by failing to timely pay the filing fee or to
provide the requested documentation needed to proceed in forma
pauperis.

See Erby v. Kula, 113 F. App’x. 74, 75–6 (6th Cir. 2004);

Davis v. United States, 73 F. App’x. 804, 805 (6th Cir. 2003).
Accordingly, the Court DISMISSES WITHOUT PREJUDICE the
complaint under 28 U.S.C. § 1915(a)(1) and (b)(1) and (2) for failure to
comply with the filing requirements of the Prison Litigation Reform Act.
IT IS SO ORDERED.
Dated: December 6, 2017
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on December 6, 2017.
s/Shawna Burns
SHAWNA BURNS
Case Manager

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