Chapman v. Sosa-Gayton et al

Filing 10

MEMORANDUM AND ORDER - Plaintiff's motion (Filing No. 9 ) requesting waiver of the filing fee is denied. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,

)
)
Plaintiff,
)
)
v.
)
)
YVONNE D. SOSA-GAYTON, TIM
)
BURNS, DOUGLAS COUNTY PUBLIC )
DEFENDERS OFFICE, and JUDGE
)
CONIGLIA,
)
)
Defendants.
)
______________________________)

4:14CV3141

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s motion
(Filing No. 9) asking the Court to waive payment of the Court’s
$350.00 filing fee.
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.
Plaintiff’s trust account statement reflects that the
average monthly deposits to his inmate trust account is $29.10
(Filing No. 5).

Accordingly, plaintiff must pay an initial

partial filing fee in the amount of $5.82, which is 20 percent of
$29.10.

As set forth in the Court’s memorandum and order dated

August 8, 2014, plaintiff must pay this initial partial filing
fee by September 4, 2014.

Plaintiff may request an extension of

time if needed.
IT IS ORDERED that plaintiff’s motion (Filing No. 9)
requesting waiver of the filing fee is denied.
DATED this 12th day of August, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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