Chapman v. Poland et al
Filing
18
MEMORANDUM AND ORDER- Plaintiff's "Motion for Correction of the Memorandum and Order" (Filing No. 17 ) is denied. Plaintiff shall pay an initial partial filing fee in the amount of $6.70 by July 10, 2014, unless an extensio n of time is granted in response to a written motion. Failure to pay the initial partial filing fee by the courts deadline will result in dismissal of this action without further notice to Plaintiff. The clerks office is directed to send a c opy of this order to the appropriate official at Plaintiff's institution. Plaintiff's "Motion for Leave, Motion to Enter Grievance Procedures" is denied without prejudice to reassertion. (Filing No. 16 .) This matter will not proceed until Plaintiff pays the initial partial filing fee. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,
Plaintiff,
v.
ELLEN POLAND, et al.,
Defendants.
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4:13CV3205
MEMORANDUM
AND ORDER
This matter is before the court on Plaintiff’s “Motion for the Correction of the
Memorandum and Order.” (Filing No. 17.) Plaintiff states in his Motion that he is
unable to pay the initial partial filing fee in this matter because the prison “tak[es] all
of [his] earned money.” (Id.)
Under the Prison Litigation Reform Act, an indigent inmate who files a lawsuit
in federal court must pay the $350.00 filing fee, first by making an initial partial
payment and then by sending the remainder of the fee to the court in installments. The
method for collecting the filing fee from a prisoner is specifically provided for in 28
U.S.C. § 1915(b). Section 1915(b) is written in mandatory terms (“shall”), leaving no
discretion to the district court to waive an in forma pauperis prisoner’s filing fee.
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 deposits or average
monthly account balance for the six months preceding the filing of the complaint.
Here, Plaintiff’s trust account statement reflects that the average monthly
deposits to his inmate trust account is $33.46. (Filing No. 12.) Accordingly, Plaintiff
must pay an initial partial filing fee in the amount of $6.70, which is 20 percent of
$33.46. As set forth in the court’s Memorandum and Order dated June 9, 2014,
Plaintiff must pay this initial partial filing fee by July 10, 2014.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s “Motion for Correction of the Memorandum and Order” (Filing
No. 17) is denied.
2.
Plaintiff shall pay an initial partial filing fee in the amount of $6.70 by
July 10, 2014, unless an extension of time is granted in response to a written motion.
Failure to pay the initial partial filing fee by the court’s deadline will result in dismissal
of this action without further notice to Plaintiff.
3.
The clerk’s office is directed to send a copy of this order to the appropriate
official at Plaintiff’s institution.
4.
Plaintiff’s “Motion for Leave, Motion to Enter Grievance Procedures”
is denied without prejudice to reassertion. (Filing No. 16.) This matter will not
proceed until Plaintiff pays the initial partial filing fee.
DATED this 25th day of June, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge
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