Crittenden v. City of Omaha et al

Filing 10

ORDER that the Motion for Leave to Proceed In Forma Pauperis (Filing 8 ) will be denied without prejudice to reassertion following submission of a proper trust account statement. Ordered by Magistrate Judge F.A. Gossett. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DEANDRE CRITTENDEN,

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Plaintiff,
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V.
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CITY OF OMAHA, a political
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subdivision of the State of Nebraska,
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and PAUL HASIAK, both
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individually and officially as an officer )
of the Omaha Police Department,
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Defendants.
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8:15CV427

ORDER

This matter is before the Court on Plaintiff’s Motion for Leave to Proceed In Forma
Pauperis (“IFP”). (Filing 8.) Plaintiff, who is currently incarcerated, is represented by
counsel in this matter.
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).
Thus, 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. 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).
Plaintiff has not submitted a certified copy of his trust account statement. Therefore,
his Motion for Leave to Proceed In Forma Pauperis will be denied without prejudice to
reassertion following submission of a proper trust account statement.

IT IS SO ORDERED.
DATED January 20, 2016.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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