Glover v. Bostrom et al

Filing 8

ORDER Plaintiff Wilbert Glover must pay an initial partial filing fee of at least $4.76 within 20 days of the date of this order. Should Glover fail to pay the initial partial filing fee, it will be recommended that this action be dismissed without prejudice for failure to prosecute.(Written Opinion). Signed by Magistrate Judge Becky R. Thorson on 4/16/2018. (TMM) cc: Wilbert Glover. Modified on 4/16/2018 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civ. No. 18-0285 (DWF/BRT)

Wilbert Glover,
Plaintiff,
v.

ORDER

Matt Bostrom; Dave Metusalem; Koe
Paget, #9; and Sargeant Richard
Rodriguez,
Defendants.

Plaintiff Wilbert Glover did not pay the filing fee for this action, but instead
applied for in forma pauperis (“IFP”) status. See Doc. No. 2. Because Glover is a
prisoner, he is required to pay an initial partial filing fee before proceeding in this action;
the amount of that initial partial filing fee is calculated from the average deposits to and
the balance of his prison trust account during the six months. See 28 U.S.C. § 1915(b).
Based on the financial information provided by Glover (and authorized as accurate by
prison officials), this Court earlier set an initial partial filing fee of $74.50 in this matter.
See Doc. No. 3. Glover later objected to the amount of the initial partial filing fee, see
Doc. No. 5, but without compelling evidence that the financial information authorized by
prison officials was erroneous, this Court was without authority to alter the amount of the
fee, see Doc. No. 6.
Glover now submits evidence strongly suggesting that both the amount of the
average monthly deposits and the amount of the average balance of his prison trust

account originally reported by prison authorities was erroneous. First, a prison official
has acknowledged that the average monthly deposits to Glover’s account was in fact
$23.78, not $142.57 as originally reported. Compare Doc. No. 2 at 6 with Doc. No. 7-1
at 2. Second, Glover plausibly explains that the method used by prison officials to
calculate his average balance was erroneous and substantially overstated the true average
balance amount. See Doc. No. 7 at 5-6.
This Court finds the evidence submitted by Glover compelling. Based on that
evidence, Glover’s initial partial filing fee in this case, under the formula prescribed by
§ 1915(b)(1), will be 20% of the corrected average deposits amount, or $4.76. If Glover
does not pay the initial partial filing fee of $4.76 within 20 days of the date of this order,
he will be deemed to have abandoned this action, and it will be recommended that the
case be dismissed without prejudice for lack of prosecution. See Fed. R. Civ. P. 41(b).
Finally, Glover is again advised that this amount reflects only his initial partial filing fee,
and that, should he elect to prosecute this action, prison officials will be authorized to
deduct the remainder of the $350.00 statutory filing fee from his prison trust account in
installments over time.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT
IS HEREBY ORDERED that:
1.

Plaintiff Wilbert Glover must pay an initial partial filing fee of at least

$4.76 within 20 days of the date of this order.

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2.

Should Glover fail to pay the initial partial filing fee, it will be

recommended that this action be dismissed without prejudice for failure to prosecute.
s/ Becky R. Thorson
BECKY R. THORSON
United States Magistrate Judge

Dated: April 16, 2018

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