Lo Grande v. Douglas County Dept. of Corrections et al

Filing 10

MEMORANDUM AND ORDER - Plaintiff's motion to waive his filing fee 9 is denied. Plaintiff is granted an extension of time in which to pay his $14.00 initial partial filing fee. Plaintiff shall pay an initial partial filing fee of $1 4.00 by September 20, 2013. If the initial partial filing fee is not received by this date, plaintiff's case will be dismissed. The clerk's office is directed to send a copy of this order to the appropriate official at plaintiff's institution. ( Pro Se Case Management Deadline set for 9/20/2013: initial partial filing fee payment due.) 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
CHARLES J. LO GRANDE,

)
)
Plaintiff,
)
)
v.
)
)
DOUGLAS COUNTY DEPT. OF
)
CORRECTIONS, et al.,
)
)
Defendants.
)
______________________________)

8:13CV177

MEMORANDUM AND ORDER

This matter is before the Court on correspondence
received from plaintiff Charles J. Lo Grande, which the Court
liberally construes as a motion to waive his filing fee (Filing
No. 9).

Plaintiff’s correspondence states, in part: “I am unable

to pay the $14.00 partial filing fee that you are requesting due
to lack of income.

[W]ill [you] reply and tell me what my next

step would be concerning my complaint?”

(Id.)

Under the Prison Litigation Reform Act, 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.

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.
Here, plaintiff’s trust account statement reflects that
his average monthly account balance is $70.00.
7.)

(See Filing No.

Accordingly, the Court determined that his initial partial

filing fee was $14.00, which is 20 percent of $70.00.

The Court

ordered plaintiff to pay his initial partial filing fee by August
19, 2013.

(See Filing No. 8.)
As set forth above, plaintiff’s payment of the $350.00

filing fee is mandatory, and the Court may not waive his payment
of it.

However, on its own motion, the Court will grant

plaintiff an extension of time in which to pay his initial
partial filing fee.
IT IS ORDERED:
1.

Plaintiff’s motion to waive his filing fee (Filing

No. 9) is denied.
2.

Plaintiff is granted an extension of time in which

to pay his $14.00 initial partial filing fee.

Plaintiff shall

pay an initial partial filing fee of $14.00 by September 20,
2013.

If the initial partial filing fee is not received by this

date, plaintiff’s case will be dismissed.

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3.

The clerk’s office is directed to set a pro se case

management deadline in this case using the following text:
September 20, 2013: initial partial filing fee payment due.
4.

The clerk’s office is directed to send a copy of

this order to the appropriate official at plaintiff’s
institution.
DATED this 23rd day of August, 2013.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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