Fant v. State of Nebraska Department of Correctional Services

Filing 10

MEMORANDUM AND ORDER granting 5 Motion for Leave to Proceed in forma pauperis. Plaintiff Eric Fant shall pay an initial partial filing fee of $38.33 within 30 days of this order, unless an enlargement of time is granted in response to a wri tten motion. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 12, 2015: initial partial filing fee payment due. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party and to institution as directed)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ERIC D. FANT,
Plaintiff,
v.
STATE OF NEBRASKA
DEPARTMENT OF
CORRECTIONAL SERVICES,
Defendant.

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8:14CV389

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff Eric Fant’s Motion for Leave to
Proceed in Forma Pauperis (“IFP”). (Filing No. 5.) The court has received a certified
copy of Plaintiff’s trust account information. (Filing No. 9.) 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 $38.33,
based on average monthly deposits in the amount of $191.66. 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 dismissed.
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.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion for Leave to Proceed IFP (Filing No. 5) is granted.

2.
Plaintiff shall pay an initial partial filing fee of $38.33 within 30 days
from the date of this Memorandum and Order, unless an enlargement of time is

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granted in response to a written motion. If the initial partial filing fee is not received
by the specified deadline, this case will be dismissed.
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: January 12, 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 10th day of December, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge

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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.

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