Williams v. Gibson County, Tennessee 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 1/8/18. (mbm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
CORDERO LAMONT WILLIAMS,
Plaintiff,
VS.
GIBSON COUNTY, ET AL.,
Defendants.

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No. 18-1005-JDT-cgc

ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. § 1915(a)(2)
OR PAY THE $400 CIVIL FILING FEE

On January 5, 2018, Plaintiff Cordero Lamont Williams, who is incarcerated at the
Gibson County Correctional Complex in Trenton, 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 certified copy
of his trust account statement. Accordingly, Plaintiff is 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 the last six months.2 If Plaintiff needs additional time to file the required
document, he may request a 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
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 605.3

1

The civil filing fee is $350. See 28 U.S.C. § 1914(a). The Schedule of Fees set out
following the statute also requires the Clerk to collect an administrative fee of $50 for filing any
civil case. However, that additional $50 fee will not apply if Plaintiff is ultimately granted leave
to proceed in forma pauperis.
2

Plaintiff does not need to submit another in forma pauperis affidavit.

3

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).
2

If Plaintiff is transferred to a different prison or released, he is ORDERED to notify
the Court immediately, in writing, of his change of address. Failure to abide by this
requirement may likewise result in the dismissal of this case without further notice, for
failure to prosecute.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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