King v. Houston et al
Filing
10
MEMORANDUM AND ORDER - IT IS ORDERED: Plaintiff's Motion for Leave to Proceed in Forma Pauperis (Filing No. 8 ) is granted. Plaintiff shall pay an initial partial filing fee of $1.77 by May 10, 2013, unless an enlargement of time is gran ted in response to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. After payment of the initial partial filing fee, plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forward those installments to the Court. The clerk's office is directed to send a copy of this order to the appropriate official at plaintiff 9;s institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: May 10, 2013: initial partial filing fee payment due. Plaintiff shall keep the Court informed of his current address at all times, and all parties are bound by the Federal Rules of Civil Procedure and by the Courts Local Rules while this case is pending. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DONNELL KING,
)
)
Plaintiff,
)
)
v.
)
)
ROBERT P. HOUSTON, Director, )
DIAN SABATKA-RINE, Warden,
)
JOANNE HILGERT, Tek Ind.
)
Supervisor, and C.S.I.
)
DIRECTOR,
)
)
Defendants.
)
______________________________)
4:13CV3061
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s Motion
for Leave to Proceed in Forma Pauperis (Filing No. 8).
The Court
has received a certified copy of plaintiff’s trust account
information (Filing No. 9).
Plaintiff will be permitted to
proceed in forma pauperis.
Pursuant to the Prison Litigation Reform Act, a
prisoner plaintiff is required to pay the full amount of the
Court’s $350.00 filing fee by making monthly payments, even if
the prisoner is proceeding IFP.
28 U.S.C. § 1915(b).
“[T]he
PLRA makes prisoners responsible for their filing fees the moment
the prisoner brings a civil action or files an appeal.”
In re
Tyler, 110 F.3d at 529-30 (8th Cir. 1997); Jackson v. N.P. Dodge
Realty Co., 173 F. Supp. 2d 951 (D. Neb. 2001).
Pursuant to 28 U.S.C. § 1915(b)(1), plaintiff must pay
an initial partial filing fee in the amount of 20 percent of the
greater of plaintiff’s average monthly account balance or average
monthly deposits for the six months preceding the filing of the
complaint.
Accordingly, the Court finds that the initial partial
filing fee is $1.77, based on an average monthly account balance
of $8.85.
Plaintiff must pay this initial partial filing fee by
May 10, 2013.
If the Court does not receive payment by this
deadline, this matter will be dismissed.
Plaintiff may request
an extension of time if needed.
In addition to the initial partial filing fee,
plaintiff must “make monthly payments of 20 percent of the
preceding month’s income credited to the prisoner’s account.”
U.S.C. § 1915(b)(2).
28
The statute places the burden on the
prisoner’s institution to collect the additional monthly payments
and forward them to the court as follows:
After payment of the initial
partial filing fee, the prisoner
shall be required to make monthly
payments of 20 percent of the
preceding month’s income credited
to the prisoner’s account. The
agency having custody of the
prisoner shall forward payments
from the prisoner’s account to the
clerk of the court each time the
amount in the account exceeds $10
until the filing fees are paid.
28 U.S.C. § 1915(b)(2).
Therefore, after payment in full of the
initial partial filing fee, the remaining installments shall be
collected pursuant to this procedure.
-2-
The clerk’s office shall send a copy of this Memorandum
and Order to the appropriate financial official at plaintiff’s
institution.
Plaintiff will remain responsible for the entire
filing fee, as long as he is a prisoner, even if the case is
dismissed at some later time.
See In re Tyler, 110 F.3d at
529-30; Jackson, 173 F. Supp. 2d at 951.
IT IS ORDERED:
1.
Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis (Filing No. 8) is granted.
2.
Plaintiff shall pay an initial partial filing fee
of $1.77 by May 10, 2013, unless an enlargement of time is
granted in response to a written motion.
If the initial partial
filing fee is not received by the specified deadline, this case
will be dismissed.
3.
After payment of the initial partial filing fee,
plaintiff’s institution shall collect the additional monthly
payments in the manner set forth in 28 U.S.C. § 1915(b)(2),
quoted above, and shall forward those installments to the Court.
4.
The clerk’s office is directed to send a copy of
this order to the appropriate official at plaintiff’s
institution.
5.
The clerk’s office is directed to set a pro se
case management deadline in this case using the following text:
May 10, 2013: initial partial filing fee payment due.
-3-
6.
Plaintiff shall keep the Court informed of his
current address at all times, and all parties are bound by the
Federal Rules of Civil Procedure and by the Court’s Local Rules
while this case is pending.
DATED this 11th day of April, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
*This opinion may contain hyperlinks to other documents or
Web sites. The U.S. District Court for the District of Nebraska
does not endorse, recommend, approve, or guarantee any third
parties or the services or products they provide on their Web
sites. Likewise, the Court has no agreements with any of these
third parties or their Web sites. The Court accepts no
responsibility for the availability or functionality of any
hyperlink. Thus, the fact that a hyperlink ceases to work or
directs the user to some other site does not affect the opinion
of the Court.
-4-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?