Echols, Sr. v. Department of Children Services et al

Filing 13

ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE. Signed by Judge James D. Todd on 4/3/17. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
JOSEPH ECHOLS, SR.,
Plaintiff,
VS.
TENNESSEE DEPARTMENT OF
CHILDREN’S SERVICES, ET AL.,
Defendants.

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No. 16-2335-JDT-cgc

ORDER DIRECTING PLAINTIFF TO FILE UPDATED FINANCIAL
INFORMATION OR PAY THE FULL $505 APPELLATE FILING FEE

Plaintiff Joseph Echols, Sr., a prisoner acting pro se, filed a civil complaint pursuant to 42
U.S.C. § 1983. (ECF No. 1.) The Court granted leave to proceed in forma pauperis and assessed
the civil filing fee pursuant to the Prison Litigation Reform Act (“PLRA”), 28 U.S.C.
§§ 1915(a)-(b). (ECF No. 5.) On March 22, 2017, the Court dismissed the complaint sua sponte
pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1) and certified that an appeal would not
be taken in good faith. (ECF No. 10.) Judgment was entered the same day. (ECF No. 11.) On
March 31, 2017, Plaintiff filed a notice of appeal. (ECF No. 12.)
Generally, a plaintiff granted leave to proceed in forma pauperis is not required to pay filing
fees. 28 U.S.C. § 1915(a)(1). Because Plaintiff is a prisoner, however, he must pay the entire $505
appellate filing fee, although he may be able to take advantage of the installment payment method
of § 1915(b). See McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997), partially overruled
on other grounds by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir. 2013). In order to take

advantage of the installment procedures, a prisoner plaintiff must submit, along with the notice of
appeal, an updated in forma pauperis affidavit and inmate trust account statement. Id. at 610; 28
U.S.C. § 1915(a)(2).
In this case, Plaintiff did not submit an updated in forma pauperis affidavit and trust account
statement with the notice of appeal. Therefore, at the present time, he is not eligible to take
advantage of the installment procedures of § 1915(b). Plaintiff is, however, liable to the Court for
the full $505 appellate filing fee, which accrued at the moment the notice of appeal was filed.
Accordingly, Plaintiff is hereby ORDERED to submit either the full $505 appellate filing fee or an
updated in forma pauperis affidavit and trust account statement within 30 days after the date of this
order. If Plaintiff needs additional time to file the required documents, he may request one 30-day
extension of time from this Court.
If Plaintiff fails to file the required documents in a timely manner, the Court will deny leave
to appeal in forma pauperis and assess the entire $505 filing fee from his inmate trust account
without regard to the installment procedures, and the Sixth Circuit may dismiss the appeal for failure
to prosecute. However, if Plaintiff timely submits the necessary documents and the Court finds that
he is still indigent, then the Court will grant leave to appeal in forma pauperis and assess the filing
fee in accordance with the installment procedures of 28 U.S.C. § 1915(b).
The Clerk is directed to send Plaintiff a copy of the prisoner in forma pauperis affidavit form
along with this order. The Clerk is also directed to notify the Sixth Circuit of the entry of this order.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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