Nickman v. Zarraga et al

Filing 6

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2 ) is granted. Plaintiff must pay an initial partial filing fee of $2.33 within 30 days, unless the court extends the time in which he has to pay in response t o 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), quoted above, and forward those payments to the cou rt. The clerk of the court is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk of the court is directed to set a pro se case management deadline in this case using the following text: July 1 5, 2016: 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 Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSHUA M. NICKMAN,
Plaintiff,
V.
JUAN M. ZARRAGA, official capacity,
SHELBY L. RAWLINGS, official
capacity, ANDREW L. MCLEAN,
official capacity, COLTON J.
G U ER R ERO , official capacity ,
MICHAEL TUBBS, official capacity,
JESUS J. RAMIREZ, official capacity,
JAIME LYN CRAFT, official capacity,
JESSICA M. STROUP, official
capacity, SCOTT B. ANDREALA,
official capacity, ERIC JON LITTLE,
official capacity, JONATHAN R.
TRIPP, official capacity, AARON
CRAY, official capacity, TODD
BAHENSKY, official capacity, LACY,
official capacity, HALL COUNTY
CORRECTIONS, official capacity, and
J. JONES, official capacity,
Defendants.

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8:16CV262

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. 3.) 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. 28
U.S.C. § 1915(b). 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 $2.33, based on average monthly
deposits in the amount of $11.66. 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.” 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,
Plaintiff’s institution must collect the remaining installments of the filing fee and forward
the payments to the court.
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 THEREFORE ORDERED that:

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1.

Plaintiff’s Motion for Leave to Proceed IFP (Filing No. 2) is granted.

2.
Plaintiff must pay an initial partial filing fee of $2.33 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 of the court is directed to send a copy of this order to the
appropriate official at Plaintiff’s institution.
5.
The clerk of the court is directed to set a pro se case management deadline
in this case using the following text: July 15, 2016: initial partial filing fee payment due.
6.
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.
DATED this 15th day of June, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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