Anderson v. Memphis Police Dept. et al

Filing 7

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 1/6/2015. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
ARMANDO Q. ANDERSON,
Plaintiff,
VS.
MEMPHIS POLICE DEPARTMENT,
ET AL.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 14-2930-JDT-tmp

ORDER DIRECTING PLAINTIFF TO FILE A NON-PRISONER
IN FORMA PAUPERIS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE

On December 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, accompanied by a motion seeking
leave to proceed in forma pauperis. (ECF Nos. 1 & 2.) The Court issued an order on
December 4, 2014, directing Plaintiff to submit, within 30 days, a copy of his inmate trust
account statement, as required by the Prison Litigation Reform Act (“PLRA”), 28 U.S.C.
§ 1915(a)-(b). (ECF No. 4.) However, on December 12, 2014, Plaintiff notified the Clerk
that he had been released from the Jail and provided his current address. (ECF No. 5.)
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, Plaintiff did not submit all of the necessary documents and the
filing fee was not assessed prior to his 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. Failure to
comply 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).
The Clerk shall mail Plaintiff a copy of the non-prisoner in forma pauperis affidavit
form along with this order.
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 is ultimately granted leave to proceed in forma pauperis, he will not
be responsible for the additional $50 fee.

2