Baxter v. Corizon Health, Inc. et al

Filing 61

ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE. Signed by Judge James D. Todd on 10/23/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
TIMOTHY A. BAXTER,
Plaintiff,
VS.
CORIZON HEALTH, INC., ET AL.,
Defendants.

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No. 14-1347-JDT-cgc

ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL
INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE
Plaintiff Timothy A. Baxter, a prisoner acting pro se, filed a civil complaint pursuant to 42
U.S.C. § 1983. (ECF No. 1.) The Court granted leave to proceed in forma pauperis and assessed
the civil filing fee pursuant to the Prison Litigation Reform Act (PLRA), 28 U.S.C. §§ 1915(a)-(b).
(ECF No. 7.) On September 28, 2015, the Court dismissed portions of the complaint sua sponte
pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) and directed that process be issued
for Defendant Amanda Collins. (ECF No. 9.) The Court ultimately granted Collins’s motion for
summary judgment and entered judgment. (ECF Nos. 56 & 57.) Plaintiff has filed a notice of
appeal. (ECF No. 59.)
Generally, a plaintiff granted leave to proceed in forma pauperis is not required to pay
filing fees. 28 U.S.C. § 1915(a)(1). Because Plaintiff is a prisoner, however, he must pay the
entire $505 appellate filing fee, although he may be able to take advantage of the installment
payment method of § 1915(b). See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997),
partially overruled on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013).

In order to take advantage of the installment procedures, a prisoner plaintiff must submit, along
with the notice of appeal, an updated in forma pauperis affidavit and inmate trust account
statement. Id. at 610; 28 U.S.C. § 1915(a)(2).
In this case, Plaintiff did not submit an updated in forma pauperis affidavit and trust
account statement with the notice of appeal. Therefore, at the present time, he is not eligible to
take advantage of the installment procedures of § 1915(b). Plaintiff is, however, liable to the
Court for the full $505 appellate filing fee, which accrued at the moment the notice of appeal was
filed. Accordingly, Plaintiff is hereby ORDERED to submit either the full $505 appellate filing
fee or an updated in forma pauperis affidavit and trust account statement within 30 days after the
date of this order.
If Plaintiff fails to file the required documents in a timely manner, the Court will deny leave
to appeal in forma pauperis and assess the entire $505 filing fee from his inmate trust account
without regard to the installment procedures, and the Sixth Circuit may dismiss the appeal for
failure to prosecute. However, if Plaintiff timely submits the required information and the Court
finds that he is still indigent, the Court will grant leave to appeal in forma pauperis and assess the
filing fee in accordance with the installment procedures of 28 U.S.C. § 1915(b).
The Clerk is directed to send Plaintiff a copy of the prisoner in forma pauperis affidavit
form along with this order. The Clerk is also directed to notify the Sixth Circuit of the entry of
this order.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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