Williams v. Oldham et al

Filing 4

ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28 U.S.C. § 1915(a)(1)-(2) OR PAY THE $400 CIVIL FILING FEE. Signed by Judge James D. Todd on 9/17/15. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
MICHAEL JEROD WILLIAMS,

)
)
Plaintiff,
)
)
VS.
) No. 2:15-cv-2612-JDT-tmp
)
BILL OLDHAM, ET AL.
)
)
Defendants.
)
________________________________________________________________________
ORDER DIRECTING PLAINTIFF TO COMPLY WITH
28 U.S.C. § 1915(a)(1)-(2) OR PAY THE $400 CIVIL FILING FEE
_______________________________________________________________________
On September 15, 2015, Plaintiff Michael Jerod Williams, booking number
15101695, who is incarcerated at the Shelby County Criminal Justice Center (“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 No. 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).1
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), the PLRA provides the
prisoner the opportunity to make a “down payment” of a partial filing fee and pay the

1

Twenty-eight U.S.C. § 1914(a) requires a civil filing fee of $350. However, pursuant to § 1914(b), [t]he
clerk shall collect from the parties such additional fees only 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. Thus, if Plaintiff is granted leave to proceed in forma pauperis, he will not be
liable for the additional $50 fee.

remainder in installments. Id. at 604. 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 and a certified copy of his
inmate trust account statement for the last six months. 28 U.S.C. § 1915(a)(2). In this
case, the affidavit submitted by Plaintiff was the “long form” typically used by nonprisoners.
Therefore, as the Plaintiff is a prisoner, he is ORDERED to submit, within 30 days
after the date of this order, either the entire $400 civil filing fee or a properly completed
and executed application to proceed in forma pauperis and a certified copy of his inmate
trust account statement for the last six months. The Clerk is directed to mail Plaintiff a
copy of the prisoner in forma pauperis affidavit form along with this order. If Plaintiff
needs additional time to submit the affidavit, he may, within 30 days after the date of this
order, file a motion for extension of time.
If Plaintiff timely submits the necessary documents and the Court finds that he is
indeed indigent, the Court will grant leave to proceed in forma pauperis and assess only a
$350 filing fee in accordance with the installment procedure 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 from his inmate
trust account without regard to the installment payment procedures, and dismiss the
action without further notice for failure to prosecute pursuant to Fed. R. Civ. P. 41(b).

McGore, 114 F.3rd at 605.2
IT IS SO ORDERED
s/James D. Todd_______________
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

2

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 F3d. 378, 381 (6th Cir. 2002).