Lasher v. Nebraska State Board of Pharmacy (NE BOP) et al

Filing 10

MEMORANDUM AND ORDER - Plaintiff's Motion to Proceed in Forma Pauperis (Filing No. 9 ) is denied. Plaintiff shall pay the $400.00 filing fee no later than November 29, 2017. Failure to comply with this order will result in dismissal of thi s matter without further notice. The clerk's office is directed to set a pro se case management deadline using the following text: November 29, 2017: deadline for Plaintiff to pay $400.00 filing fee. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LENA LASHER,
Plaintiff,

4:17CV3125

vs.
NEBRASKA STATE BOARD OF
PHARMACY (NE BOP), State of
Nebraska, Lincoln, Nebraska 68508; and
THOMAS L. WILLIAMS, MD, Chief
Medical Officer Director, Division of
Public Health State of Nebraska
Department of Health and Human
Services Lincoln, Nebraska 68508;

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on Plaintiff’s second motion to proceed in
forma pauperis. (Filing No. 9.) The court previously denied Plaintiff’s motion to
proceed in forma pauperis and ordered Plaintiff to pay the $400 filing fee. (Filing
No. 8.) Plaintiff has filed the present motion to proceed in forma pauperis based
on the same trust account information submitted with her previous motion. (Filing
No. 7; Filing No. 9.) For the same reasons stated in the court’s October 18, 2017
Order, Plaintiff’s motion to proceed in forma pauperis is denied
Because Plaintiff is a prisoner, her request to proceed in forma pauperis is
governed by 28 U.S.C. § 1915(b)(1) which requires a prisoner “to pay the full
amount of a filing fee.” Proceeding in forma pauperis does not permit a prisoner,
such as Plaintiff, to proceed with her civil action without making any prepayment
of fees. Rather, a prisoner is permitted to pay the full filing fee in installments.
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 her average monthly account balance or

average monthly deposits for the six months preceding the filing of the Complaint.
The court must use the greater of the two figures which, in Plaintiff’s case, is her
average monthly deposits of $3,827.60. If the court were to grant Plaintiff in
forma pauperis status, she would be required to pay 20 percent of $3,827.60, or
$765.52, which is more than the $400 filing fee for this matter. See 28 U.S.C. §
1915(b)(3) (“In no event shall the filing fee collected exceed the amount of fees
permitted by statute for the commencement of a civil action . . . .”). Accordingly,
IT IS THEREFORE ORDERED that:
1.
denied.

Plaintiff’s Motion to Proceed in Forma Pauperis (Filing No. 9) is

2.

Plaintiff shall pay the $400.00 filing fee no later than November 29,

2017.
3.
Failure to comply with this order will result in dismissal of this matter
without further notice.
4.
The clerk’s office is directed to set a pro se case management deadline
using the following text: November 29, 2017: deadline for Plaintiff to pay $400.00
filing fee.

Dated this 30th day of October, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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