Chrisp v. Hall County et al
Filing
12
ORDER granting 8 Motion for Leave to Proceed in forma pauperis. 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 prisone r shall be obligated to pay, and the agency having custody of the prisoner shall forward to the Clerk of the Court, 20 percent of the preceding month's income in such months as the account exceeds $10.00. The next step in Plaintiff' s case will be for the Court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The Court will conduct this initial review in its normal course of business. Ordered by Chief Judge Laurie Smith Camp. (Copies mailed to pro se party and as directed)(SLP)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CAMERON CHRISP,
)
)
Plaintiff,
)
)
v.
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HALL COUNTY, HALL COUNTY JAIL, )
HALL COUNTY MEDICAL UNIT, HALL )
CO. MEDICAL APRN, HALL CO JAIL
)
INVESTIGATIVE OFFICER, HALL CO )
JAIL DIRECTOR, and HALL CO JAIL
)
ADMINISTRATOR,
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Defendants.
)
8:15CV62
MEMORANDUM
AND ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis (“IFP”). (Filing No. 8.) The Court has received a certified copy of Plaintiff’s trust
account statement. (Filing No. 11.) Plaintiff is permitted to proceed IFP.
The Prison Litigation Reform Act (“PLRA”) requires prisoner plaintiffs 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.
Plaintiff’s account balance is $0.00, and the Court cannot assess an initial partial filing fee.
However, 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, 173 F. Supp. 2d at 957 n.
9. 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. Accordingly,
IT IS ORDERED:
1.
Plaintiff’s Motion for Leave to Proceed IFP (Filing No. 8) is granted. 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 the Court, 20
percent of the preceding month’s income in such months as the account exceeds $10.00.
2.
The Clerk of the Court shall serve a copy of this order on the appropriate
financial officer for Plaintiff’s current institution.
3.
The next step in Plaintiff’s case will be for the Court to conduct an initial
review of Plaintiff’s claims to determine whether summary dismissal is appropriate under
28 U.S.C. § 1915(e)(2). The Court will conduct this initial review in its normal course of
business.
DATED this 16th day of March, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge
2
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