Floyd v. Graham-Doaks et al
Filing
11
ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER IN FORMA PAUPERIS AFFIDAVIT OR PAY THE REMAINING PORTION OF THE CIVIL FILING FEE. Signed by Judge James D. Todd on 4/14/15. (Todd, James)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DAVEY TERRELL FLOYD,
Plaintiff,
VS.
TASMA GRAHAM-DOAKS, ET AL.,
Defendants.
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No. 14-1312-egb
ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER
IN FORMA PAUPERIS AFFIDAVIT OR PAY THE
REMAINING PORTION OF THE CIVIL FILING FEE
On November 18, 2014, the Plaintiff, Davey Terrell Floyd, who was, at the time, an
inmate at the Whiteville Correctional Facility in Whiteville, Tennessee, filed a pro se
complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) After Plaintiff submitted a properly
supported in forma pauperis application (ECF No. 4), the Court issued an order on
November 26, 2014, granting leave to proceed in forma pauperis and assessing the $350 civil
filing fee pursuant to the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. §§ 1915(a)-(b)
(ECF No. 8). On March 3, 2015, Plaintiff notified the Clerk that he had been released and
provided his new address. (ECF No. 10.)
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, only $16.32 of the filing fee was paid prior to Plaintiff’s release.
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 remaining $333.68 of the filing fee1 within twenty-eight
(28) days after the date of this order. The Clerk shall mail Plaintiff a copy of the nonprisoner 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, pursuant to Federal Rule of Civil Procedure 41(b), for failure
to prosecute.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
1
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 submits a non-prisoner affidavit and the Court finds that he still
qualifies for pauper status, he will not be responsible for the additional $50 fee.
2
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