Battle et al v. Nebraska State Prison Medical Dept. et al
Filing
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MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff Steven K. Battle shall pay an initial partial filing fee of $13.00 within 30 days from the date of this order, unless an enlargement of time is granted in response to a written motion. Pro Se Case Management Deadline set for 1/12/2015: initial partial filing fee payment due. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party; copy to institution)(ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STEVEN K. BATTLE,
Plaintiff,
v.
NEBRASKA STATE PRISON
MEDICAL DEPT., et al.,
Defendants.
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8:14CV398
MEMORANDUM
AND ORDER
This matter is before the court on Plaintiff Steven Battle’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 $13.00, based
on average monthly deposits in the amount of $65.04. 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. 2) is granted.
2.
Plaintiff shall pay an initial partial filing fee of $13.00 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 dismissed.
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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: 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 12th day of December, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge
*This opinion may contain hyperlinks to other documents or Web sites. The U.S. D is t rict Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third part ies 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 res p onsibility 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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