Griffin v. Schmaderer et al

Filing 18

MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Arthur James Griffin, Jr. shall pay an initial partial filing fee of $.20 by 5/16/13, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 5/16/2013: initial partial filing feepayment due. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party and to institution as directed)(ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ARTHUR JAMES GRIFFIN JR.,
Plaintiff,
v.
TODD SCHMADERER, Omaha
Police Chief, MIKE MYERS,
Director, and DOUGLAS COUNTY
DEPARTMENT CORRECTIONS,
Defendants.

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8:13CV88

MEMORANDUM
AND ORDER ON APPLICATION
TO PROCEED IN DISTRICT
COURT WITHOUT PREPAYING
FEES OR COSTS

This matter is before me on Arthur James Griffin, Jr.’s Application to Proceed
in District Court Without Prepaying Fees or Costs (“IFP”). (Filing No. 2.) The court
has received a certified copy of Griffin’s trust account information (filing No. 8.) and
he is permitted to proceed in forma pauperis.
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. 28 U.S.C. § 1915(b). “[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 at 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), Arthur James Griffin, Jr. must pay an
initial partial filing fee in the amount of 20 percent of the greater of his average
monthly account balance or average monthly deposits for the six months preceding
the filing of the complaint. Accordingly, I find that the initial partial filing fee is
$0.20, based on an average monthly account balance of $1.01. Arthur James Griffin,
Jr. must pay this $0.20 initial partial filing fee by May 16, 2013. If the court does not

receive payment by this deadline, this matter will be dismissed. Griffin may request
an extension of time if needed.
In addition to the initial partial filing fee, Griffin 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, 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 Griffin’s institution. Griffin 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.
IT IS THEREFORE ORDERED that:
1.
Arthur James Griffin, Jr.’s Application to Proceed in District Court
Without Prepaying Fees or Costs (filing no. 2) is granted.

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2.
Griffin shall pay an initial partial filing fee of $0.20 by May 16, 2013,
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, Griffin’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 Griffin’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: May 16, 2013: initial partial filing fee
payment due.
6.
Griffin 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.
Griffin shall review the “Notice Regarding Summons Forms” attached
to this order.
Dated April 17, 2013.
BY THE COURT

__________________________________
Warren K. Urbom
United States Senior District Judge

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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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Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third
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directs the user to some other site does not affect the opinion of the court.