Medina v. Thurber

Filing 16

MEMORANDUM AND ORDER that the filing fee shall be collected and remitted, as funds exist, in the manner set forth in 28 U.S.C. § 1915(b)(2). Until the full filing fee of $350.00 is paid, the prisoner shall be obligated to pay, and the age ncy having custody of the prisoner shall forward to the Clerk of Court, 20 percent of the preceding month's income in such months as the account exceeds $10.00. The Clerk of Court shall serve a copy of this order on the appropriate fina ncial officer for Plaintiff's current institution. Plaintiff shall continue to keep the court informed of his current address at all times while this case is pending, as failure to do so may result in dismissal of this matter. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (copy to institution as directed)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERNEST MEDINA,
Plaintiff,
v.
MICHAEL THURBER,
Defendant.

)
)
)
)
)
)
)
)
)

8:14CV301

MEMORANDUM
AND ORDER

This matter is before the court on correspondence (Filing No. 15) from the
business manager at Plaintiff Ernest Medina’s current place of incarceration. She set
forth in her correspondence that Medina has no funds in his inmate trust account
statement with which to pay the initial partial filing fee.
As set forth in 28 U.S.C. § 1915(b)(4), “[i]n no event shall a prisoner be
prohibited from bringing a civil action . . . for the reason that the prisoner has no
assets and no means by which to pay the initial partial filing fee.” When the prisoner
is unable to pay the initial partial filing fee due to a lack of funds, the requirement that
the initial partial filing fee will be paid at the outset of the case is suspended. See
Jackson v. N.P. Dodge Realty Co., 173 F. Supp. 2d 951, 957 n. 9 (D. Neb. 2001).
Instead, “the whole of the . . . filing fees are to be collected and paid by the
installment method contained in § 1915(b)(2).” Henderson v. Norris, 129 F.3d 481,
484 (8th Cir. 1997). This matter will therefore proceed without payment of the initial
partial filing fee as set forth below.
IT IS THEREFORE ORDERED that:
1.
The filing fee shall be collected and remitted, as funds exist, in the
manner set forth in 28 U.S.C. § 1915(b)(2). Until the full filing fee of $350.00 is
paid, the prisoner shall be obligated to pay, and the agency having custody of the

prisoner shall forward to the Clerk of Court, 20 percent of the preceding month’s
income in such months as the account exceeds $10.00.
2.
The Clerk of Court shall serve a copy of this order on the appropriate
financial officer for Plaintiff’s current institution.
3.
Plaintiff shall continue to keep the court informed of his current address
at all times while this case is pending, as failure to do so may result in dismissal of
this matter.
DATED this 30th day of December, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

2