Lawrence et al v. Correction Corporation of America et al
Filing
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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 9/15/16. (Todd, James)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
JOHN KEITH LAWRENCE,
Plaintiff,
VS.
CORRECTIONS CORPORATION OF
AMERICA, ET AL.,
Defendants.
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No. 16-1247-JDT-egb
ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. § 1915(a)(2)
OR PAY THE $400 CIVIL FILING FEE
On September 14, 2016, Plaintiff John Keith Lawrence, who is incarcerated at the
Hardeman County Correctional Facility (“HCCF”) in Whiteville, Tennessee, filed a civil
complaint accompanied by 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. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997), partially overruled on other grounds
by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013), 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 current certification by the prison
trust account officer and a copy of his trust account statement for the six months immediately
preceding the filing of the complaint. § 1915(a)(2).
In this case, the affidavit submitted by Plaintiff is not accompanied by a current
certified copy of his trust account statement. Plaintiff has attached a certification of his trust
account from when he was previously housed at the Bledsoe County Correctional Complex,
but it is dated December 18, 2015. (ECF No. 2-3.) He has also attached two Inmate Request
Forms that he recently submitted to the Trust Fund Clerk at the HCCF, requesting a copy of
his trust account statement from that institution. However, the prison official responded to
both requests by advising Plaintiff that he first needed to submit all of his paperwork, with
his signature. (ECF Nos. 2-1 & 2-2.) Plaintiff apparently did not do so.
While the Court will not penalize Plaintiff for a prison official’s failure to provide him
with a trust account statement, it does not appear that he has yet made reasonable efforts to
obtain the document. Therefore, Plaintiff should make a further attempt to obtain his trust
account statement by complying with the Trust Fund Clerk’s instructions.
Accordingly, Plaintiff is again ORDERED to submit, within 30 days after the date of
this order, either the entire $400 civil filing fee1 or a copy of his trust account statement for
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 is ultimately granted leave to proceed in forma pauperis in
accordance with the PLRA, he will not be responsible for the additional $50 fee.
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the last six months. If Plaintiff needs additional time to file the required document, he may
request one 30-day extension of time from this Court. McGore, 114 F.3d at 605.
If Plaintiff timely submits the necessary document 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 $350 in accordance with the installment procedures of 28 U.S.C. § 1915(b). However,
if 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 to the installment
payment procedures, and dismiss the action without further notice pursuant to Federal Rule
of Civil Procedure 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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