Anderson v. Moore et al
Filing
9
ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER IN FORMA PAUPERIS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE. Signed by Judge James D. Todd on 1/8/2015. (Todd, James)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ARMANDO Q. ANDERSON,
Plaintiff,
VS.
ROBERT MOORE, ET AL.,
Defendants.
)
)
)
)
)
)
)
)
)
No. 14-2778-JDT-dkv
ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER
IN FORMA PAUPERIS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE
On October 3, 2014, Plaintiff Armando Q. Anderson, who was, at the time,
incarcerated at the Shelby County Criminal Justice Complex (“Jail”) in Memphis, Tennessee,
filed a pro se complaint pursuant to 42 U.S.C. § 1983 and a motion to proceed in forma
pauperis. (ECF Nos. 1 & 2.) After Plaintiff submitted all of the required documents, the
Court issued an order on October 20, 2014, granting leave to proceed in forma pauperis and
assessing the civil filing fee pursuant to the Prison Litigation Reform Act (“PRLA”), 28
U.S.C. §§ 1915(a)-(b). (ECF No. 6.) However, on December 15, 2014, Plaintiff notified the
Clerk that he had been released from the Jail and provided his current address. (ECF No. 8.)
Under the PLRA, 28 U.S.C. § 1915(b), a prisoner bringing a civil action must pay the
filing fee required by 28 U.S.C. § 1914(a). The statute merely provides the prisoner the
opportunity to make a “downpayment” of a partial filing fee and pay the remainder in
installments. In this case, no portion of the filing fee was paid prior to Plaintiff’s release
from the Jail. Under these circumstances, the Sixth Circuit has held that, “[a]fter release, the
obligation to pay the remainder of the fees is to be determined solely on the question of
whether the released individual qualifies for pauper status.” McGore v. Wrigglesworth, 114
F.3d 601, 613 (6th Cir. 1997), partially overruled on other grounds by LaFountain v. Harry,
716 F.3d 944, 951 (6th Cir. 2013). Therefore, Plaintiff is ORDERED to submit either a
non-prisoner in forma pauperis affidavit or the entire $400 filing fee1 within thirty (30) days
after the date of this order. The Clerk shall mail Plaintiff a copy of the non-prisoner in forma
pauperis affidavit form along with this order.
Failure to comply with this order in a timely manner will result in the dismissal of this
action without further notice for failure to prosecute, pursuant to Federal Rule of Civil
Procedure 41(b).
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE
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 submits a non-prisoner affidavit and the Court finds that he still
qualifies for pauper status, he will not be responsible for the additional $50 fee.
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?