Davlin v. Miller et al

Filing 30

MEMORANDUM AND ORDER- Plaintiffs November 14, 2012, letter, construed as a motion to stop payment of filing fee (Filing No. 29 ), is denied. The clerk of the court is directed to send a copy of this Memorandum and Order to the appropriate official at plaintiffs institution. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
CLIFFORD J. DAVLIN,

)
)
Plaintiff,
)
)
v.
)
)
TIM MILLER, Unit Manager,
)
Housing Unit # 3, Nebraska
)
State Penitentiary; and
)
O. PEREZ, Case Worker,
)
Housing Unit # 3, Nebraska
)
State Penitentiary, and in
)
their individual and official )
capacities,
)
)
Defendants.
)
______________________________)

8:11CV396

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff’s November
14, 2012, letter, which the Court construes as a motion to stop
payment of filing fee (Filing No. 29).

In his motion, plaintiff

requests that the Court cease collection of the filing fee in
this matter because it has been dismissed.

(Id.)

Pursuant to the Prison Litigation Reform Act (“PLRA”),
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.
1915(b).

28 U.S.C. §

“[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 528, 529-30 (8th Cir.

1997); Jackson v. N.P. Dodge Realty Co., 173 F. Supp. 2d 951 (D.
Neb. 2001).

Further, a prisoner plaintiff remains responsible

for the entire filing fee, as long as he is a prisoner, even if
the case is dismissed at some later time.
529-30; Jackson, 173 F. Supp. 2d at 951.

Tyler, 110 F.3d at
Thus, even though this

matter has been dismissed, plaintiff remains responsible for the
entire filing fee.
IT IS ORDERED:
1.

Plaintiff’s November 14, 2012, letter, construed

as a motion to stop payment of filing fee (Filing No. 29), is
denied.
2.

The clerk of the court is directed to send a copy

of this Memorandum and Order to the appropriate official at
plaintiff’s institution.
DATED this 14th day of December, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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