Muhammad v. Tecumseh State Corrections et al
MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Imah Muhammad shall pay an initial partial filing fee of $67.44 by 12/18/2015, unless an enlargement of time is granted in response to a written motion . The Clerk is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The Clerk is directed to set a Pro Se Case Management Deadline for 12/18/2015: initial partial filing fee payment is due. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and as directed) (JSF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TECUMSEH STATE CORRECTIONS,
SCOTT BUSBOOM, Associate
Warden, and MEDICAL DEPT.,
This matter is before the Court on Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis (“IFP”). (Filing No. 2.) The Court has received a certified copy of Plaintiff’s trust
account information. (Filing No. 3.) Plaintiff is permitted to proceed IFP.
Prisoner plaintiffs are 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). The Prison Litigation Reform Act “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 528, 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. Here,
the Court finds the initial partial filing fee is $67.44, based on average monthly deposits in
the amount of $337.20. Plaintiff must pay this initial partial filing fee within 30 days or his
case will be subject to dismissal. Plaintiff may request an extension of time if one is
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 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,
Plaintiff’s institution must collect the remaining installments of the filing fee and forward the
payments to the Court.
Plaintiff is advised he 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. Accordingly,
IT IS ORDERED:
Plaintiff’s Motion for Leave to Proceed IFP (Filing No. 2) is granted.
Plaintiff must pay an initial partial filing fee of $67.44 within 30 days, unless
the Court extends the time in which he has to pay in response to a written
After payment of the initial partial filing fee, Plaintiff’s institution must collect
the additional monthly payments in the manner set forth in 28 U.S.C.
§ 1915(b)(2), quoted above, and forward those payments to the Court.
The clerk of the court is directed to send a copy of this order to the
appropriate official at Plaintiff’s institution.
The clerk of the court is directed to set a pro se case management deadline
in this case using the following text: December 18, 2015: initial partial filing
fee payment due.
Plaintiff is advised that, following payment of the initial partial filing fee,
the next step in Plaintiff’s case will be for the Court to conduct an initial
review of Plaintiff’s claims to determine whether summary dismissal is
appropriate under 28 U.S.C. § 1915(e)(2). The Court will conduct this initial
review in its normal course of business.
DATED this 16th day of November, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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