Tyler v. Smith Camp
MEMORANDUM AND ORDER denying the Plaintiff's Request that the court waive payment of the filing fee and refund a portion of the filing fee 19 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LAURIE SMITH CAMP,
This matter is before the court on Plaintiff’s correspondence asking the court to order
the prison to stop collecting the filing fee from prisoner’s trust account, and also asking the
court to refund some of the money Plaintiff has already paid toward the filing fee. (Filing No.
19.) Plaintiff states that payment of the filing fee is “becoming a heavy burden,” which has
caused him “severe depression.” (Id.)
Under the Prison Litigation Reform Act (“PLRA”), 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. Here, the court’s records reflect that
Plaintiff still owes $28.50 toward the payment of the $350.00 filing fee. He must pay the
balance in installments as required under the PLRA.
IT IS THEREFORE ORDERED that: Plaintiff’s request that the court waive payment
of the filing fee and refund a portion of the filing fee (Filing No. 19) is denied.
DATED this 15th day of July, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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