Williamson v. Haywood County Justice Complex et al

Filing 6

ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER IN FORMA PAUPERIS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE. Signed by Judge James D. Todd on 1/14/2015. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JUREK DWAYNE WILLIAMSON,
Plaintiff,
VS.
HAYWOOD COUNTY JUSTICE
COMPLEX, ET AL.,
Defendants.

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No. 14-1254-JDT-egb

ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER
IN FORMA PAUPERIS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE

On September 26, 2014, Plaintiff Jurek Dwayne Williamson, who was, at the time,
incarcerated at the Haywood County Justice Complex (“Jail”) in Brownsville, Tennessee,
filed a pro se complaint pursuant to 42 U.S.C. § 1983, accompanied by a motion seeking
leave to proceed in forma pauperis. (ECF Nos. 1 & 2.) The Court issued an order on
September 29, 2014, granting leave to proceed in forma pauperis and assessing the civil
filing fee pursuant to the Prison Litigation Reform Act (“PRLA”), 28 U.S.C. §§ 1915(a)-(b).
(ECF No. 4.) However, on December 8, 2014, Plaintiff notified the Clerk that he had been
released from the Jail and provided his current address. (ECF No. 5.)
Under the PLRA, 28 U.S.C. § 1915(b), a prisoner bringing a civil action must pay the
filing fee required by 28 U.S.C. § 1914(a). The statute merely provides the prisoner the
opportunity to make a “downpayment” of a partial filing fee and pay the remainder in

installments. In this case, no portion of the filing fee was paid prior to Plaintiff’s release
from the Jail. Under these circumstances, the Sixth Circuit has held that, “[a]fter release, the
obligation to pay the remainder of the fees is to be determined solely on the question of
whether the released individual qualifies for pauper status.” McGore v. Wrigglesworth, 114
F.3d 601, 613 (6th Cir. 1997), partially overruled on other grounds by LaFountain v. Harry,
716 F.3d 944, 951 (6th Cir. 2013). Therefore, Plaintiff is ORDERED to submit either a
non-prisoner in forma pauperis affidavit or the entire $400 filing fee1 within thirty (30) days
after the date of this order. The Clerk shall mail Plaintiff a copy of the non-prisoner in forma
pauperis affidavit form along with this order.
Failure to comply with this order in a timely manner will result in the dismissal of this
action without further notice for failure to prosecute, pursuant to Federal Rule of Civil
Procedure 41(b).
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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Twenty-eight U.S.C. § 1914(a) requires a civil filing fee of $350. In addition, § 1914(b)
requires the clerk to “collect from the parties such additional fees . . . as are prescribed by the
Judicial Conference of the United States.” The Judicial Conference has prescribed an additional
administrative fee of $50 for filing any civil case, except for cases seeking habeas corpus and
cases in which the plaintiff is granted leave to proceed in forma pauperis under 28 U.S.C.
§ 1915. Therefore, if Plaintiff complies with this order and is ultimately permitted to retain his
pauper status, he will not be responsible for the additional $50 fee.

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