Jackson-Mackay v. Cotant et al

Filing 26

MEMORANDUM AND ORDER -Plaintiff Austin D. Anderson's Motion for Leave to Proceed IFP (Filing 16 ) is granted. The filing fee shall be collected and remitted, as funds exist, in the manner set forth in 28 U.S.C. ' 1915(b)(2). Until the fu ll filing fee of $350.00 is paid, the prisoner shall be obligated to pay, and the agency having custody of the prisoner shall forward to the clerk of the court, 20 percent of the preceding month=s income in such months as the account exceed s $10.00. The clerk of the court shall serve a copy of this order on the appropriate financial officer for Plaintiff Austin D. Anderson's current institution. The next step in Plaintiff Austin D. Anderson's case will be for the cour t to conduct an initial review of Plaintiff Austin D. Anderson'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 and as directed)(MKR)

8:22-cv-00010-RGK-PRSE Doc # 26 Filed: 05/10/22 Page 1 of 3 - Page ID # 121

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID A. JACKSON-MACKAY,
AUSTIN D. ANDERSON, and
PRESTON WISENBAKER,

8:22CV10

Plaintiffs,
MEMORANDUM AND ORDER
vs.
VONNIE COTANT, Jail Administrator,
Scotts Bluff County Detention Center;
MICHAEL DEDINSKY, Deputy Jail
Administrator, Scotts Bluff County
Detention Center; JULIE WHITE,
Administrative Sergeant, Scotts Bluff
County Detention Center; VAL RIVAS,
Mail Room Supervisor, Scotts Bluff
County Detention Center; KARI WOLF,
Mail Room Clerk; JEREMIAH
BRETTHAUER, Inmate Services
Liasion, Scotts Bluff County Detention
Center; JOHN AND JANE DOE(S) 1
THROUGH 10, SCOTTS BLUFF
COUNTY DETENTION CENTER,
COUNTY OF SCOTTS BLUFF,
NEBRASKA, acting through the Scotts
Bluff County Detention Center; SCOTTS
BLUFF COUNTY SHERIFF'S
DEPARTMENT, MARK OVERMAN,
Sheriff, Scotts Bluff County Detention
Center; and SCOTTS BLUFF COUNTY
COMMISSIONERS,
Defendants.

8:22-cv-00010-RGK-PRSE Doc # 26 Filed: 05/10/22 Page 2 of 3 - Page ID # 122

This matter is before the court on Plaintiff Austin D. Anderson=s Motion for
Leave to Proceed in Forma Pauperis (AIFP@). (Filing 16.) The court has received a
certified copy of Plaintiff Austin D. Anderson=s trust account statement. (Filing 24.)
Plaintiff Austin D. Anderson is permitted to proceed IFP.
The Prison Litigation Reform Act (APLRA@) requires prisoner plaintiffs 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). A[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).
Pursuant to 28 U.S.C. ' 1915(b)(1), Plaintiff Austin D. Anderson must pay an
initial partial filing fee in the amount of 20 percent of the greater of Plaintiff Austin
D. Anderson=s average monthly account balance or average monthly deposits for the
six months preceding the filing of the complaint. Plaintiff Austin D. Anderson=s
account balance is $0.00, and the court cannot assess an initial partial filing fee.
However, as set forth in 28 U.S.C. ' 1915(b)(4), A[i]n no event shall a prisoner be
prohibited from bringing a civil action . . . for the reason that the prisoner has no
assets and no means by which to pay the initial partial filing fee.@ When the prisoner
is unable to pay the initial partial filing fee due to a lack of funds, the requirement
that the initial partial filing fee will be paid at the outset of the case is suspended.
See Jackson, 173 F. Supp. 2d at 957 n. 9. Instead, Athe whole of the . . . filing fees
are to be collected and paid by the installment method contained in ' 1915(b)(2).@
Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997). This matter will therefore
proceed without payment of the initial partial filing fee as set forth below.
IT IS THEREFORE ORDERED that:
1.
Plaintiff Austin D. Anderson=s Motion for Leave to Proceed IFP (Filing
16) is granted. The filing fee shall be collected and remitted, as funds exist, in the
manner set forth in 28 U.S.C. ' 1915(b)(2). Until the full filing fee of $350.00 is
2

8:22-cv-00010-RGK-PRSE Doc # 26 Filed: 05/10/22 Page 3 of 3 - Page ID # 123

paid, the prisoner shall be obligated to pay, and the agency having custody of the
prisoner shall forward to the clerk of the court, 20 percent of the preceding month=s
income in such months as the account exceeds $10.00.
2.
The clerk of the court shall serve a copy of this order on the appropriate
financial officer for Plaintiff Austin D. Anderson=s current institution.
3.
The next step in Plaintiff Austin D. Anderson=s case will be for the court
to conduct an initial review of Plaintiff Austin D. Anderson=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 10th day of May, 2022.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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