Stephenson v. Bruno et al

Filing 8

MEMORANDUM AND ORDER- Plaintiff's Motion for Leave to Proceed IFP (Filing No. 6 ) is granted. Plaintiff shall pay an initial partial filing fee of $5.48 within 30 days from the date of this Memorandum and Order, unless an enlargement of ti me 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. After payment of the initial partial filing fee, plaintiffs institution shall collect the addi tional 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 plainti ff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: June 30, 2014: initial partial filing fee payment due. Plaintiff shall keep the Court informed of his curren t 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. Pro Se Case Management Deadline set for 6/30/2014. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed) (MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
ERIC D. STEPHENSON,

)
)
Plaintiff,
)
)
v.
)
)
DAVID BRUNO, et al.,
)
)
Defendants.
)
______________________________)

4:14CV3097

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s Motion
for Leave to Proceed in Forma Pauperis (“IFP”) (Filing No. 6).
The Court has received a certified copy of plaintiff’s trust
account information (Filing No. 7).

Plaintiff is permitted to

proceed IFP.
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 to the
Court, even if the prisoner is proceeding IFP.
1915(b).

28 U.S.C. §

“[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 $5.48, based on an average monthly account balance
of $27.38.

Plaintiff must pay this initial partial filing fee

within 30 days from the date of this Memorandum and Order.

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.
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

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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 IFP

(Filing No. 6) is granted.
2.

Plaintiff shall pay an initial partial filing fee

of $5.48 within 30 days from the date of this Memorandum and
Order, 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:
June 30, 2014:
6.

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

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Federal Rules of Civil Procedure and by the Court’s Local Rules
while this case is pending.
DATED this 28th day of May, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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