Burse et al v. Jenkins et al

Filing 2

ORDER - Plaintiff is directed to submit to the Court, within 30 days, a certified account from the prison cashier which indicates both the average monthly balance in his account for the last six months and the amount of income credited to his account during those months. Signed by Magistrate Judge Terence P. Kemp on 11/16/2015. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Perrin Burse,

:
Plaintiff,

v.
Charlotte Jenkins, et al.,
Defendants.

: Case No.

2:15-cv-2992

: JUDGE ALGENON L. MARBLEY
Magistrate Judge Kemp
:
:
ORDER

Plaintiff, a state prisoner, has submitted a request to file
a civil action in forma pauperis.

The request is not accompanied

by sufficient information to allow the Court to determine what
filing fee to assess.

Under the Prison Litigation Reform Act,

all prisoners who wish to proceed in forma pauperis must pay
either the entire filing fee for the action ($400.00 for a
regular civil action, or $5.00 for a habeas corpus case) at the
time the case is filed, or pay an initial partial filing fee
followed by monthly installments which must be remitted until the
entire fee has been paid.
28 U.S.C. §1915(a) provides that a prisoner who files a civil
action and requests relief from prepayment of the fee shall
submit a certified copy of the trust fund account statement (or
institutional equivalent), for a six-month period immediately
preceding the filing of the complaint, and further provides that
the prisoner is required to pay the full amount of the filing
fee.

That amount is to be collected through an initial

assessment of 20 percent of the greater of the average monthly
deposits to the prisoner's account or the average monthly balance
in the account for the six-month period immediately preceding the
filing of the complaint, and through monthly payments to be made

thereafter in the amount of 20 percent of the preceding month's
income credited to the prisoner's account.
Plaintiff has not submitted the required information.
Consequently, he is directed to submit to the Court, within 30
days of the date of this order, a certified account from the
prison cashier which indicates both the average monthly balance
in his account for the last six months and the amount of income
credited to his account during those months.

Upon receipt of

that information, the Court will calculate the initial partial
filing fee and the monthly installments, and a separate order
directing payment will issue.

If the information requested by

this order is not received by that date, the Court will assume
that plaintiff has decided not to pursue this case, and the
request for leave to proceed in forma pauperis (i.e. by paying an
initial partial filing fee with the balance paid in installments)
will be denied.

At that point, the Court is required to assume

that plaintiff is not a pauper, and it will (1) assess plaintiff
the full amount of the filing fee; (2) dismiss the case for want
of prosecution; and (3) not reinstate the case to the Court’s
active docket even if the filing fee is then paid in full.

See

In re Prison Litigation Reform Act, No. 97-01 (6th Cir., February
4, 1997), 1997 WL 40203.

/s/ Terence P. Kemp
United States Magistrate Judge