Dunning v. Vastbinder et al
Filing
5
ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. § 1915(a)(2) OR PAY THE $400 CIVIL FILING FEE. Signed by Judge James D. Todd on 3/25/15. (Todd, James)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
CHARLES DUNNING,
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Plaintiff,
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VS.
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No. 1:15-cv-1058-JDT-egb
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JERRY VASTBINDER, ET AL.,
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Defendants.
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________________________________________________________________________
ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. § 1915(a)(2)
OR PAY THE $400 CIVIL FILING FEE
________________________________________________________________________
On March 23, 2015, Plaintiff Charles Dunning, who is incarcerated at the Weakley
County Jail in Dresden, Tennessee, filed a pro se complaint pursuant to 42 U.S.C. § 1983
and a motion to proceed in forma pauperis. (ECF Nos. 1 & 2.)
Under the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(a)-(b), a
prisoner bringing a civil action must pay the filing fee required by 28 U.S.C. § 1914(a).
Although the obligation to pay the fee accrues at the moment the case is filed, see McGore
v. Wriggleworth, 114 F.3d 601, 605 (6th Cir. 1997), the PLRA provides the prisoner the
opportunity to make a “down payment” of a partial filing fee and pay the remainder in
installments. § 1915(b)(2). However, in order to take advantage of the installment
procedures, the prisoner must properly complete and submit to the district court, along
with the complaint, an in forma pauperis affidavit containing a certification by the prison
trust account officer and a copy of her trust account statement for the last six months. §
1915(a)(2).
In this case, the affidavit submitted by Plaintiff does not contain a current
certification by the prison trust account officer and is not accompanied by a copy of
Plaintiff’s trust account statement. Accordingly, Plaintiff is ORDERED to submit, within
thirty (30) days after the date of this order, either the entire $400 civil filing fee or a
current in forma pauperis affidavit containing a certification by the trust account officer
and a copy of his trust account statement for the last six months.1 The Clerk is directed to
provide Plaintiff with a copy of the prisoner affidavit form along with this order. If
Plaintiff need additional time to file the required documents, he may request one thirtyday extension of time from this Court. McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th
Cir. 1997).
If Plaintiff timely submits the necessary documents and the Court finds that he is
indeed indigent, the Court will grant leave to proceed in forma pauperis and assess a filing
fee of only $350 in accordance with the installment procedures of 28 U.S.C. § 1915(b).
However, if the Plaintiff fails to comply with this order in a timely manner, the Court will
deny leave to proceed in forma pauperis, assess the entire $400 filing fee without regard
1
Twenty-eight U.S.C. § 1914(a) requires a civil filing fee of $350. However, pursuant to § 1914(b), “[t]he clerk shall
collect from the parties such additional fees only as are prescribed by the Judicial Conference of the United States.”
Effective May 1, 2013, the Judicial Conference 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. Thus, if the Plaintiff is granted leave to proceed in forma pauperis in accordance
with the PLRA, he will not be responsible for the additional $50 fee.
to the installment payment procedures, and dismiss the action without further notice,
under Fed.R.Civ.P. 41(b), for failure to prosecute. McGore, 114 F.3d at 605.2
IT IS SO ORDERED.
s/James D. Todd________________
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
2
Even a voluntary dismissal by Plaintiff will not eliminate the obligation to pay the filing fee. McGore,
114 F.3d at 607; see also In re Alea, 286 F.3d 378, 381 (6th Cir. 2002).
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