Stankoski v. Lancaster County Community Corrections
Filing
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Brian Lee Stankoski shall pay an initial partial filing fee of $3.89 by 1/5/2015, unless an enlargement of time is granted in response to a written mot ion. 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), and shall forward those installments to the Court. Pro Se Case Management Deadline set for 1/5/2015. Plaintiff shall keep the court informed of his current address at all times. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(Copy to Angie Koziol at Lancaster County Jail)(SLP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRYAN LEE STANKUSKI,
Plaintiff,
v.
LANCASTER COUNTY COMMUNITY
CORRECTIONS,
Defendant.
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8:14CV332
MEMORANDUM
AND ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis (“IFP”) (Filing No. 2). The Court has received a certified copy of Plaintiff’s trust
account information. (Filing No. 7.) Plaintiff is 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. 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 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 $3.89, based on average monthly deposits in the
amount of $19.47. Plaintiff must pay this initial partial filing fee within 30 days from the date
of this Memorandum and Order. If the Court does not receive payment by this deadline, this
matter will be subject to dismissal. 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.” 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’s office shall send a copy of this Memorandum and Order to the appropriate
financial official at Plaintiff’s institution. Plaintiff 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. Accordingly,
IT IS ORDERED:
1.
Plaintiff’s Motion for Leave to Proceed IFP (Filing No. 2) is granted. 2
.
Plaintiff shall pay an initial partial filing fee of $3.89 within 30 days from the date of this
Memorandum and Order, 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
subject to dismissal.
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,
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and shall forward those installments to the Court.
4.
The clerk’s office is directed to send a copy of this order to the appropriate
official at Plaintiff’s institution.
5.
The clerk’s office is directed to set a pro se case management deadline in this
case using the following text: January 5, 2015: initial partial filing fee payment due.
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.
DATED this 2nd day of December, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
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