Cheairs v. Bond et al

Filing 8

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 12/16/15. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
MICHAEL ELVIS CHEAIRS,
Plaintiff,
VS.
MELVIN BOND, ET AL.,
Defendants.

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No. 15-1063-JDT-egb

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

On March 26, 2015, Plaintiff Michael Elvis Cheairs, who was, at the time,
incarcerated at the Haywood County 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 March 27, 2015, granting leave
to proceed in forma pauperis and assessing the civil filing fee pursuant to the Prison
Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(a)-(b). (ECF No. 5.) On December 10,
2015, Plaintiff notified the Clerk of a change of address that indicates he has been released.
(ECF No. 7.)
Under the PLRA, a prisoner bringing a civil action must pay the full filing fee of $350
required by 28 U.S.C. § 1914(a). The statute provides the prisoner the opportunity to make
a “downpayment” of a partial filing fee and pay the remainder in monthly installments. 28

U.S.C. § 1915(b). However, in this case, the filing fee was not paid prior to Plaintiff’s
release. Under these circumstances, the Sixth Circuit has held that “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).
Plaintiff is ORDERED to submit, within 30 days after the date of this order, either a
non-prisoner in forma pauperis affidavit or the entire $400 civil filing fee.1 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, 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. However, pursuant to
§ 1914(b), “[t]he clerk shall 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. Because Plaintiff initially was granted leave to proceed in forma pauperis in
accordance with the PLRA, the Court did not assess the additional $50 fee. However, if Plaintiff
now chooses to pay the entire filing fee instead of seeking pauper status, he must also pay the
$50 administrative fee.
2