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)

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

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