Foy v. Memphis Police Department

Filing 2

ORDER to Comply with PLRA or Pay Full $350 Civil Filing Fee. Signed by Judge J. Daniel Breen on 3/22/07. (Breen, J.)

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Foy v. Memphis Police Department Doc. 2 Case 2:07-cv-02198-JDB-dkv Document 2 Filed 03/22/2007 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION RAMONE RAFAEL FOY, Plaintiff, vs. MEMPHIS POLICE DEPARTMENT, Defendant. ) ( ( ) ) ( ( ) ) ( ( ) ) ( ( ) ) ( ( ) ) ( No. 07-2198-B/V ORDER TO COMPLY WITH PLRA OR PAY FULL $350 CIVIL FILING FEE Plaintiff Ramone Rafael Foy, RNI number 348029, an inmate at the Shelby County Correctional Center1 in Memphis, Tennessee, filed a pro se complaint pursuant to 42 U.S.C. 1983 on March 12, 2007. Under the Prison Litigation Reform Act of 1995 ("PLRA"), 28 U.S.C. 1915(a)-(b), all prisoners bringing a civil action must pay the full filing fee of $350 required by 28 U.S.C. 1914(a).2 The statute merely provides the prisoner the opportunity to make a "downpayment" of a partial filing fee and pay the remainder in installments. See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th The word "prison" is used in this order to refer to all places of confinement or incarceration, including jails, penal farms, detention and classification facilities, or halfway houses. 2 1 $350. Effective April 9, 2006, the civil filing fee increased from $250 to Case 2:07-cv-02198-JDB-dkv Document 2 Filed 03/22/2007 Page 2 of 4 Cir. 1997) ("[w]hen an inmate seeks pauper status, the only issue is whether the inmate pays the entire fee at the initiation of the proceeding or over a period of time under an installment plan. Prisoners are no longer entitled to a waiver of fees and costs."). In order to take advantage of the installment procedures, a prisoner plaintiff must properly complete and submit to the district court, along with the complaint, either Form 4 of the Appendix of Forms an found in the that Federal contains Rules the of same Appellate detailed Procedure, or affidavit information found in Form 4. McGore, 114 F.3d at 605. The prisoner must also submit a certified prison trust fund account statement, showing all activity in his account for the six months preceding the filing of the complaint, and specifically showing: 1) 2) the average monthly deposits, and the average monthly balance for the six months prior to submission of the complaint, and 3) the account balance when the complaint was submitted. In this case, Plaintiff has not filed either an in forma pauperis affidavit or a copy of his trust fund account statement. Therefore, at the present time, Plaintiff is not eligible to take advantage of the installment payment procedures of 1915(b). Plaintiff is, however, liable for the full $350 filing fee, which accrued at the moment the complaint was filed. Accordingly, Plaintiff is hereby ORDERED to submit the documentation required by the PLRA or the full $350 civil filing fee to the following address within thirty (30) days after the entry of this order: 2 Case 2:07-cv-02198-JDB-dkv Document 2 Filed 03/22/2007 Page 3 of 4 Clerk, United States District Court, Western District of Tennessee, 167 N. Main, Room 242, Memphis, TN 38103 If Plaintiff needs additional time to file the required documents, he may request one thirty-day extension of time from this Court. McGore, 114 F.3d at 605. If Plaintiff fails to file the required documentation, the Court will assess the entire filing fee, without regard to the installment payment procedures, and will dismiss the action, pursuant to Fed. R. Civ. P. 41(b), for failure to prosecute. McGore, 114 F.3d at 605. If dismissed under these circumstances, the case will not be reinstated despite the subsequent payment of the full filing fee and regardless of any request for pauper status. If Plaintiff timely submits the proper documentation, and the Court finds that Plaintiff is indeed indigent, then he may take advantage of the installment procedures of 1915(b). In such case, Plaintiff will be able to make an initial partial payment equal to 20% of the greater of the average monthly deposits to his trust account for the past six months or the average monthly balance in his account for the past six months. After collection of the initial partial filing fee, the remaining balance will be collected in monthly installments equal to 20% of the income credited to the Plaintiff's account during the preceding months. These monthly payments, however, will be withdrawn only when Plaintiff's account balance exceeds $10. 3 Case 2:07-cv-02198-JDB-dkv Document 2 Filed 03/22/2007 Page 4 of 4 The Clerk is ORDERED to provide Plaintiff a copy of the prisoner in forma pauperis affidavit form along with this order. IT IS SO ORDERED this 22nd day of March, 2007. s/ J. DANIEL BREEN UNITED STATES DISTRICT JUDGE 4

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