Allen v. The County of Douglas et al

Filing 28

MEMORANDUM AND ORDER that Plaintiff's amended motion for leave to proceed in forma pauperis (Filing No. 27 ) is denied. The clerk's office is directed to send a copy of this order to the Eighth Circuit. Ordered by Senior Judge Richard G. Kopf. (Copies mailed as directed)(LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CORY T. ALLEN,
Plaintiff,

8:16CV221

vs.
THE COUNTY OF DOUGLAS, is to be
sued in Official Capacity; PAUL
LATSCHER, O.P.D. Officer, is to be
sued Individually and in his Official
Capacity; JERRY SWANSON, O.P.D.
Officer, is to be sued Individually and in
his Official Capacity; THE CITY OF
OMAHA, a Municipality, is to be sued
in its Official Capacity; and DONALD
KLEINE, Douglas County District
Attorney, is to be sued Individually and
in his Official Capacity;

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on Plaintiff’s amended motion for leave to
proceed in forma pauperis on appeal. (Filing No. 27.) Upon Plaintiff’s initial
motion, the court determined that Plaintiff must pay an initial partial filing fee of
$247.61 based upon average monthly deposits of $1,238.06 for the six months
preceding the filing of his notice of appeal. (Filing No. 23.) Plaintiff states, in his
amended motion, that he is unemployed and without any funds to pay the filing
fee. (Filing No. 27.) He asks that the court waive the $505 filing fee. (Id.)
The court cannot grant Plaintiff the relief that he requests. The Prison
Litigation Reform Act (“PLRA”) requires prisoner plaintiffs to pay the full amount
of the court’s $505.00 appellate filing fee by making monthly payments to the
court, even if the prisoner is proceeding in forma pauperis. 28 U.S.C. § 1915(b).

The PLRA “makes prisoners responsible for their filing fees the moment the
prisoner brings a civil action or files an appeal.” Jackson v. N.P. Dodge Realty Co.,
173 F. Supp. 2d 951, 952 (D. Neb. 2001) (citing In re Tyler, 110 F.3d 528, 529-30
(8th Cir. 1997)). The appellate filing fee is assessed when the district court receives
the prisoner’s notice of appeal. Henderson v. Norris, 129 F.3d 481, 485 (8th Cir.
1997). Accordingly,
IT IS THEREFORE ORDERED that: Plaintiff’s amended motion for leave
to proceed in forma pauperis (Filing No. 27) is denied. The clerk’s office is
directed to send a copy of this order to the Eighth Circuit.
Dated this 2nd day of May, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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