Woods v. Obion County, Tennessee et al
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 2/13/18. (skc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
ANTHONY LEE WOODS,
OBION COUNTY, TENNESSEE, ET AL.,
ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. § 1915(a)(2)
OR PAY THE $400 CIVIL FILING FEE
On February 12, 2018, Plaintiff Anthony Lee Woods, who is incarcerated at the Obion
County Jail (Jail) in Union City, 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
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
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.
Plaintiff does not need to submit another in forma pauperis affidavit.
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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