Clayborne v. Lancaster County et al
Filing
12
MEMORANDUM AND ORDER that Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $5.24 within 30 days, unless the Court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), and forward those payments to the Court. The cler k's office is directed to send a copy of this order to the appropriate official at plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: August 11, 2015 : initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, 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 Senior Judge Lyle E. Strom. (Copy mailed to pro se party and as directed) (MBM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT EARL CLAYBORNE, JR.,
Plaintiff,
v.
LANCASTER COUNTY, et al.,
Defendant.
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8:15CV144
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. 7).
Plaintiff is permitted to
proceed IFP.
Prisoner plaintiffs are 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.
1915(b).
28 U.S.C. §
The Prison Litigation Reform Act “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.
Here, the Court finds the initial partial filing fee
is $5.24, based on average monthly deposits in the amount of
$26.22.
Plaintiff must pay this initial partial filing fee
within 30 days or his case will be subject to dismissal.
Plaintiff may request an extension of time if one is 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.”
U.S.C. § 1915(b)(2).
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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, plaintiff’s institution must collect
the remaining installments of the filing fee and forward the
payments to the Court.
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Plaintiff is advised he 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 ORDERED:
1.
Plaintiff’s Motion for Leave to Proceed IFP
(Filing No. 2) is granted.
2.
Plaintiff must pay an initial partial filing fee
of $5.24 within 30 days, unless the Court extends the time in
which he has to pay in response to a written motion.
3.
After payment of the initial partial filing fee,
plaintiff’s institution must collect the additional monthly
payments in the manner set forth in 28 U.S.C. § 1915(b)(2),
quoted above, and forward those payments 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:
August 11, 2015:
6.
initial partial filing fee payment due.
Plaintiff is advised that, following payment of
the initial partial filing fee, the next step in plaintiff’s case
will be for the Court to conduct an initial review of plaintiff’s
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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 13th day of July, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court
* 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.
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