Abram v. Wagner et al

Filing 8

MEMORANDUM AND ORDER - Plaintiff's MOTION for Leave to Proceed in forma pauperis filed by Eddie E. Abram is granted (2 in 4:14-cv-03123-JFB-PRSE), (2 in 4:14-cv-03112-JFB-PRSE), (2 in 4:14-cv-03115-JFB-PRSE), (2 in 4:14-cv-03108-JFB-PRSE), ( 2 in 4:14-cv-03118-JFB-PRSE), (2 in 4:14-cv-03111-JFB-PRSE), (2 in 4:14-cv-03109-JFB-PRSE), (2 in 4:14-cv-03122-JFB-PRSE), (2 in 4:14-cv-03106-JFB-PRSE), (2 in 4:14-cv-03121-JFB-PRSE), (2 in 4:14-cv-03120-JFB-PRSE), (2 in 4:14-cv-03119-JFB-PRSE), (2 in 4:14-cv-03117-JFB-PRSE), (2 in 4:14-cv-03116-JFB-PRSE), (2 in 4:14-cv-03113-JFB-PRSE), (2 in 4:14-cv-03110-JFB-PRSE), (2 in 4:14-cv-03114-JFB-PRSE) and (2 in 4:14-cv-03107-JFB-PRSE). Plaintiff shall pay an initial partial filing fee of $2 .06 in each of his 18 cases 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 in any one of the 18 cases, the case will be dismissed. After payment of the initial partial filing fees, Plaintiffs institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forw ard those installments to the court. The clerks office is directed to send a copy of this order to the appropriate official at Plaintiffs institution. 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. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 6/30/2014: initial partial filing fee payments due) Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party and to plaintiff's institution as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EDDIE E. ABRAM,
Plaintiff,
v.
WAGNER, et al.,
Defendants.

EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

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4:14CV3106

MEMORANDUM
AND ORDER

4:14CV3107

MEMORANDUM
AND ORDER

4:14CV3108

MEMORANDUM
AND ORDER

EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

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4:14CV3109

MEMORANDUM
AND ORDER

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4:14CV3110

MEMORANDUM
AND ORDER

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4:14CV3111

MEMORANDUM
AND ORDER

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EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
MCKILLIP,
Defendant.

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4:14CV3112

MEMORANDUM
AND ORDER

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4:14CV3113

MEMORANDUM
AND ORDER

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4:14CV3114

MEMORANDUM
AND ORDER

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EDDIE E. ABRAM,
Plaintiff,
v.
REMPEL,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
REMPLE,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
VANLANIGHAM,
Defendant.

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4:14CV3115

MEMORANDUM
AND ORDER

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4:14CV3116

MEMORANDUM
AND ORDER

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4:14CV3117

MEMORANDUM
AND ORDER

4

EDDIE E. ABRAM,
Plaintiff,
v.
GUSTAFSON,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
DAY,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
BISCHOFF,
Defendant.

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4:14CV3118

MEMORANDUM
AND ORDER

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4:14CV3119

MEMORANDUM
AND ORDER

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4:14CV3120

MEMORANDUM
AND ORDER

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EDDIE E. ABRAM,
Plaintiff,
v.
BEQUETTE,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
JANZEN,
Defendant.

EDDIE E. ABRAM,
Plaintiff,
v.
FREEBORN,
Defendant.

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4:14CV3121

MEMORANDUM
AND ORDER

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4:14CV3122

MEMORANDUM
AND ORDER

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4:14CV3123

MEMORANDUM
AND ORDER

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This matter is before the court on Plaintiff’s Motions for Leave to Proceed in
Forma Pauperis (“IFP”) in the above captioned cases. On May 22, 2014, Plaintiff
filed in this court 18 civil cases. The court has received a certified copy of Plaintiff’s
trust account information, which has been docketed in each of these 18 cases.
Plaintiff is permitted to proceed IFP. However, Plaintiff should read carefully below,
as he will be required to pay the full amount of the court’s $350.00 filing fee in each
of his 18 cases, for a total of $6,300.00.
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. 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). Here,
Plaintiff has filed 18 cases and he will be required to pay the full amount of the
court’s $350.00 filing fee in each of his 18 cases.
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 $2.06,
based on an average monthly account balance of $10.30. Plaintiff must pay this
initial partial filing fee within 30 days from the date of this Memorandum and Order
in each of his 18 cases. If the court does not receive payment of the initial partial
filing fee in any one of the 18 cases by this deadline, the case 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.” 28 U.S.C. § 1915(b)(2). The statute places the burden on the prisoner’s
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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 in each
of Plaintiff’s 18 cases.
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 fees, as long as he is a prisoner, even if the cases are
dismissed at some later time. See In re Tyler, 110 F.3d at 529-30; Jackson, 173 F.
Supp. 2d at 951.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motions for Leave to Proceed IFP are granted. (Case No.
4:14-cv-3106, Filing No. 2; Case No. 4:14-cv-3107, Filing No. 2; Case No. 4:14-cv3108, Filing No. 2; Case No. 4:14-cv-3109, Filing No. 2; Case No. 4:14-cv-3110,
Filing No. 2; Case No. 4:14-cv-3111, Filing No. 2; Case No. 4:14-cv-3112, Filing No.
2; Case No. 4:14-cv-3113, Filing No. 2; Case No. 4:14-cv-3114, Filing No. 2; Case
No. 4:14-cv-3115, Filing No. 2; Case No. 4:14-cv-3116, Filing No. 2; Case No. 4:14cv-3117, Filing No. 2; Case No. 4:14-cv-3118, Filing No. 2; Case No. 4:14-cv-3119,
Filing No. 2; Case No. 4:14-cv-3120, Filing No. 2; Case No. 4:14-cv-3121, Filing No.
2; Case No. 4:14-cv-3122, Filing No. 2; and Case No. 4:14-cv-3123, Filing No. 2.)
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2.
Plaintiff shall pay an initial partial filing fee of $2.06 in each of his 18
cases 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 in any one of the 18 cases, the case
will be dismissed.
3.
After payment of the initial partial filing fees, 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 each of the above-captioned cases using the following text: June 30, 2014: initial
partial filing fee payments due.
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 29th day of May, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge
*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.

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