Miller v. Parker et al

Filing 4

ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. §§ 1915(a)(1)-(2) OR PAY THE $400 CIVIL FILING FEE. Signed by Judge James D. Todd on 8/14/17. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DONALD CRAIG MILLER,

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Plaintiff,
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VS.
) No. 17-1152-JDT-cgc
)
TONY PARKER, ET AL.,
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Defendants.
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________________________________________________________________________
ORDER DIRECTING PLAINTIFF TO COMPLY WITH
28 U.S.C. §§ 1915(a)(1)-(2) OR PAY THE $400 CIVIL FILING FEE
_______________________________________________________________________
On August 9, 2017, Plaintiff Donald Craig Miller, who is incarcerated at the
Hardeman County Correctional Facility in Whiteville, Tennessee, filed a pro se
complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1.) However, Plaintiff neglected to
submit either the $400 civil filing fee required by 28 U.S.C. §§ 1914(a)-(b) or an
application to proceed in forma pauperis.
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).1
Although the obligation to pay the fee accrues at the moment the case is filed, see
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. Thus, if Plaintiff is granted leave to proceed in forma pauperis, he will not be
liable for the additional $50 fee.

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. Id. at 604. However, in order to take advantage of the
installment procedures, the prisoner must complete and submit to the district court, along
with the complaint, an in forma pauperis affidavit and a certified copy of his inmate trust
account statement for the last six months. 28 U.S.C. § 1915(a)(2).
Therefore, the Plaintiff is ORDERED to submit, within 30 days after the date of
this order, either the entire $400 civil filing fee or a properly completed and executed
application to proceed in forma pauperis and a certified copy of his inmate trust account
statement for the last six months. The Clerk is directed to mail Plaintiff a copy of the
prisoner in forma pauperis affidavit form along with this order. If Plaintiff needs
additional time to submit the necessary documents, he may, within 30 days after the date
of this order, file a motion for extension of time.
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 only a
$350 filing fee in accordance with the installment procedure 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 from his inmate
trust account without regard to the installment payment procedures, and dismiss the
action without further notice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).
2

McGore, 114 F.3rd 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 F3d. 378, 381 (6th Cir. 2002).
3