Jones v. Wallace et al

Filing 12

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Orlando Jones, 5 PRO SE MOTION for Discovery filed by Plaintiff Orlando Jones. IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $6.92 within thirty (30) days from the date of this Order. Plaintiff is instructed to make his r emittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that the Clerk shall not issue process or cause process to issue upon the amended complaint at this time.IT IS FURTHER ORDERED that plaintiff shall file a second amended complaint within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that plaintiff's pro se motion for discovery [Doc. #5] is DENIED, without prejudice. IT IS FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). (Response to Court due by 10/24/2013.) Signed by District Judge Stephen N. Limbaugh, Jr on 9/24/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

ORLANDO JONES,
Plaintiff,
v.
IAN WALLACE, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 1:13-CV-105-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Orlando Jones (registration
no. 1000484) for leave to commence this action without payment of the required
filing fee [Doc. #2]. For the reasons stated below, the Court finds that plaintiff does
not have sufficient funds to pay the entire filing fee and will assess an initial partial
filing fee of $6.92. See 28 U.S.C. § 1915(b)(1).
Moreover, taking into consideration the fact that counsel has recently been
appointed to represent plaintiff in this matter [Doc. #10], the Court will grant plaintiff
time to file a second amended complaint. Because the Court is allowing plaintiff to
amend his complaint, it will take no action as to the named defendants at this time.
Plaintiff is reminded that his second amended complaint will supersede his
previously-filed complaints and supplement and will be the only complaint this Court

reviews. In addition, the Court will deny, as premature, plaintiff’s pro se motion for
discovery, because the Court has not yet issued a case management order.
28 U.S.C. § 1915(b)(1)
Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil action in forma
pauperis is required to pay the full amount of the filing fee. If the prisoner has
insufficient funds in his or her prison account to pay the entire fee, the Court must
assess and, when funds exist, collect an initial partial filing fee of 20 percent of the
greater of (1) the average monthly deposits in the prisoner’s account, or (2) the
average monthly balance in the prisoner’s account for the prior six-month period.
After payment of the initial partial filing fee, the prisoner is required to make monthly
payments of 20 percent of the preceding month’s income credited to the prisoner’s
account. 28 U.S.C. § 1915(b)(2). The agency having custody of the prisoner will
forward these monthly payments to the Clerk of Court each time the amount in the
prisoner’s account exceeds $10, until the filing fee is fully paid. Id.
Plaintiff has submitted an affidavit and a certified copy of his prison account
statement for the six-month period immediately preceding the submission of his
complaint. A review of plaintiff’s account indicates an average monthly deposit of
$34.58, and an average monthly balance of $3.20. Plaintiff has insufficient funds to
pay the entire filing fee. Accordingly, the Court will assess an initial partial filing fee
2

of $6.92, which is 20 percent of plaintiff’s average monthly balance.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing
fee of $6.92 within thirty (30) days from the date of this Order. Plaintiff is instructed
to make his remittance payable to "Clerk, United States District Court," and to
include upon it: (1) his name; (2) his prison registration number; (3) the case number;
and (4) that the remittance is for an original proceeding.
IT IS FURTHER ORDERED that the Clerk shall not issue process or cause
process to issue upon the amended complaint at this time.
IT IS FURTHER ORDERED that plaintiff shall file a second amended
complaint within thirty (30) days from the date of this Order.
IT IS FURTHER ORDERED that plaintiff’s pro se motion for discovery
[Doc. #5] is DENIED, without prejudice.

3

IT IS FURTHER ORDERED that, pursuant to the Court's differentiated case
management system, this case is assigned to Track 5B (standard prisoner actions).
Dated this 24th day of September, 2013.

_________________________________
UNITED STATES DISTRICT JUDGE

4