Adams v. Nebraska Department of Corrctional Services

Filing 6

MEMORANDUM AND ORDER granting the Plaintiff's 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Rafael Rashad Adams shall pay an initial partial filing fee of $22.13 by December 24, 2014, unless an enlargement of time is grant ed in response to a written motion. Pro Se Case Management Deadline set for 12/24/2014: initial partial filing fee payment due. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party and Plaintiff's institution as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RAFAEL RASHAD ADAMS,
Plaintiff,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES,
Defendant.

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8:14CV365

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. 3.) 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 $22.13, based on average
monthly deposits in the amount of $110.77. 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 $22.13 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.

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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, 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: December 24, 2014: 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 1st day of December, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

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