Higgins v. Kopf et al

Filing 5

ORDER - The plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Filing No. 2 ) is denied without prejudice to reassertion following submission of a trust account statement. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JOSEPH W. HIGGINS,
Plaintiff,

8:16CV535

vs.
ORDER
RICHARD G. KOPF, et al.,
Defendants.
This matter is before the court on the plaintiff’s Application to Proceed in District
Court Without Prepaying Fees or Costs (Filing No. 2), which includes an affidavit
regarding his financial status.

The plaintiff failed to include additional supporting

documentation. 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). Nevertheless, prisoner plaintiffs may pay the full amount of the
court’s $400.00 filing fee by making monthly payments to the court.

28 U.S.C. §

1915(b). The statute requires the plaintiff to file an affidavit and “a certified copy of the
trust fund account statement (or institutional equivalent) for the prisoner for the 6-month
period immediately preceding the filing of the complaint or notice of appeal, obtained
from the appropriate official of each prison at which the prisoner is or was confined.” 28
U.S.C. § 1915(a)(2) (emphasis added). The plaintiff’s filing does not comply with the
statute. Accordingly,

IT IS ORDERED:
The plaintiff’s Application to Proceed in District Court Without Prepaying Fees or
Costs (Filing No. 2) is denied without prejudice to reassertion following submission of a
trust account statement.
Dated this 16th day of December, 2016.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge