Chrisp v. Lancaster County Jail et al

Filing 15

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 agenc y 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 financial 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 thismatter. Plaintiff's Motions (Filing Nos. 11 and 12 ) seeking waiver of the initial partial filing fee are denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and as directed) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CAMERON CHRISP,
Plaintiff,
v.
LANCASTER COUNTY JAIL, and
SAUNDERS COUNTY JAIL,
Defendants.

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8:14CV344

MEMORANDUM
AND ORDER

This matter is before the court on correspondence (Filing No. 14) from the
business manager at Plaintiff Cameron Chrisp’s current place of incarceration. She
set forth in her correspondence that Chrisp 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.
4.
Plaintiff’s Motions (Filing Nos. 11 and 12) seeking waiver of the initial
partial filing fee are denied as moot.
DATED this 29th day of December, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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