Moore v. Madison County Jail
Filing
10
MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Filing No. 5 ) is granted. Plaintiff shall pay an initial partial filing fee of $10.77 by August 6, 2012, unless an enlargement of time is granted in respon se to a written motion. If the initial partial filing fee is not received by the specified deadline, this case will be dismissed. The clerk of the court is directed to send a copy of this order to the appropriate official at plaintiff's insti tution. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: August 6, 2012: initial partial filing fee payment due. Plaintiff's duplicative Motion for Leave to Proceed In Forma Pauperis (Filing No. 7 ) is denied as moot. Pro Se Case Management Deadline set for 8/6/2012. Ordered by Senior Judge Lyle E. Strom. (Copies mailed as directed and to pro se party)(AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAKOTA MOORE,
)
)
Plaintiff,
)
)
v.
)
)
MADISON COUNTY JAIL,
)
)
Defendant.
)
______________________________)
8:12CV207
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s Motion
for Leave to Proceed In Forma Pauperis (“IFP”) (Filing No. 5).
The Court has received a certified copy of plaintiff’s trust
account information (Filing No. 8).
Plaintiff will be permitted
to proceed IFP.
Pursuant to the Prison Litigation Reform Act, 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).
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.
Accordingly, the Court finds that the initial partial
filing fee is $10.77, based on an average monthly account
deposits of $53.86.
Plaintiff must pay this initial partial
filing fee by August 6, 2012.
If the Court does not receive
payment by this deadline, this matter will be dismissed.
Plaintiff may request an extension of time if needed.
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.”
U.S.C. § 1915(b)(2).
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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, the remaining installments shall be
collected pursuant to this procedure.
The clerk of the court shall send a copy of this
Memorandum and Order to the appropriate financial official at
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plaintiff’s institution.
Plaintiff, whether he is in prison or
not, will remain responsible for the entire filing fee until it
has been paid in full, even if the case is dismissed at some
later time.
See 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).
IT IS ORDERED:
1.
Plaintiff’s Motion for Leave to Proceed In Forma
Pauperis (Filing No. 5) is granted.
2.
Plaintiff shall pay an initial partial filing fee
of $10.77 by August 6, 2012, unless an enlargement of time is
granted in response to a written motion.
If the initial partial
filing fee is not received by the specified deadline, this case
will be dismissed.
3.
After payment of the initial partial filing fee,
plaintiff’s institution shall collect the additional monthly
payments in the manner set forth in 28 U.S.C. § 1915(b)(2),
quoted above, and shall forward those installments to the Court.
4.
The clerk of the court is directed to send a copy
of this order to the appropriate official at plaintiff’s
institution.
5.
The clerk of the court is directed to set a pro se
case management deadline in this case using the following text:
August 6, 2012: initial partial filing fee payment due.
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6.
Plaintiff shall keep the court informed of his
current address at all times, and all parties are bound by the
Federal Rules of Civil Procedure and by the Court’s Local Rules
while this case is pending.
7.
Plaintiff shall review the “Notice Regarding
Summons Forms” attached to this Order.
8.
Plaintiff’s duplicative Motion for Leave to
Proceed In Forma Pauperis (Filing No. 7) is denied as moot.
DATED this 6th day of July, 2012.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
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NOTICE REGARDING SUMMONS FORMS
FOR PRO SE PRISONERS
PROCEEDING IN FORMA PAUPERIS
A prisoner who is proceeding pro se and in forma pauperis as the plaintiff in a civil case
shall not provide the court with summons forms (or Form 285) for service of process on the
defendant(s) until notified to do so by the Clerk of the court.
The Prison Litigation Reform Act (“PLRA”) requires the court to screen complaints
brought by prisoners. Therefore, the court conducts “initial review” of a complaint filed by a
prisoner before any summons can be served on a defendant. Generally, the court conducts
“initial review” shortly after the Clerk of the court receives the initial partial filing fee from the
plaintiff. After the initial partial filing fee has been paid, and initial review has been completed,
the Clerk of the court arranges for service of process as follows:
1.
The Clerk of the court will be directed by a District Judge or Magistrate Judge to
send the plaintiff a blank summons form for each defendant named in the caption of the case,
together with Form 285.
2.
The plaintiff shall thereafter complete the summons form(s) and Form 285,
because without those forms, service of process cannot occur.
3.
The plaintiff shall then mail the completed summons form(s) and Form 285 to the
Clerk of the court. Upon receipt of the completed forms from the plaintiff, the Clerk of the court
will sign the summons form(s) to be sent by the Clerk, together with a copy of the complaint for
each defendant, to the U.S. Marshal for service on the defendant(s).
4.
Because the plaintiff is proceeding in forma pauperis, the plaintiff is not
responsible for copying the complaint or arranging for service of process.
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