Brown v. Cooper et al

Filing 14

ORDER granting 2 Application on Proceed in District Court without Prepaying Fees or Costs; denying 4 Motion to Appoint Counsel (Written Opinion) Signed by Magistrate Judge Becky R. Thorson on 3/12/2018. (TMM)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA WILBERT GLOVER, Civ. No. 18-0285 (DWF/BRT) Plaintiff, v. ORDER MATT BOSTROM; DAVE METUSALEM; JOE PAGET, #9; and SARGEANT RICHARD RODRIGUEZ, Defendants. Plaintiff Wilbert Glover has filed a response to the Court’s February 6, 2018 Order setting an initial partial filing fee of $74.50 before Glover may proceed with this action. See Doc. No. 5. The initial partial filing fee was calculated based on the formula set forth in 28 U.S.C. § 1915(b) and the certified information provided by prison officials in Glover’s application to proceed in forma pauperis (“IFP”). See Doc. No. 2 at 6. Glover has since submitted an exhibit stating that his average “receipts” over that period amount to $23.78, see Doc. No. 5-1 at 1—not, as his IFP application stated, $142.57, see Doc. No. 2 at 6. 1 But even if Glover’s average deposits are lower than originally reported, his initial partial filing fee was ultimately based upon his average balance of $372.49. See Doc. No. 3 at 2-3. 1 It may be that the figure recorded in Glover’s IFP application is his total deposits over the six months, as that figure is almost exactly six times more than the amount provided in the later exhibit. Nevertheless, given the discrepancy between the deposits amount originally provided in the IFP application and that later supplied, it may very well be that the original balance amount provided in the IFP application is also in error. Unfortunately, Glover has not provided sufficient information from which the Court could calculate his average trust account balance over the six months prior to the filing of this action. If Glover would like a recalculation of his initial partial filing fee, he may submit his prison trust statement from the six months preceding the filing for this action (August 2017 through January 2018) within 20 days of this order. Otherwise, the initial partial filing fee of $74.50 must be paid within 20 days, failing which it will be recommended that this matter be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b). SO ORDERED. s/ Becky R. Thorson BECKY R. THORSON United States Magistrate Judge Dated: March 12, 2018 2

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