Walker v. Lauderdale County et al

Filing 5

ORDER DIRECTING PLAINTIFF TO FILE A SIGNED IN FORMA PAUPERIUS AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE. Signed by Judge James D. Todd on 6/2/2016. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
QUENTIN WALKER a/k/a
QUINTIN WALKER,
Plaintiff,
VS.
LAUDERDALE COUNTY, ET AL.,
Defendants.

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No. 16-2362-JDT-cgc

ORDER DIRECTING PLAINTIFF TO FILE A SIGNED IN FORMA PAUPERIUS
AFFIDAVIT OR PAY THE $400 CIVIL FILING FEE

On May 26, 2016, Plaintiff Quentin Walker a/k/a Quintin Walker, who is incarcerated
at the Missouri Eastern Correctional Center in Pacific, Missouri, filed a pro se complaint
pursuant to 42 U.S.C. § 1983, accompanied by a motion to proceed in forma pauperis and
a copy of his trust account statement, in accordance with the Prison Litigation Reform Act
(“PLRA”), 28 U.S.C. §§ 1915(a)-(b). (ECF Nos. 1 & 2.) However, Plaintiff failed to sign
his in forma pauperis affidavit. (See ECF No. 2 at 2.) Therefore, Plaintiff is ORDERED to
submit, within 30 days after the date of this order, either the entire $400 civil filing fee1 or
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 in
accordance with the PLRA, he will not be responsible for the additional $50 fee.

a properly completed and signed in forma pauperis affidavit. The Clerk is directed to mail
Plaintiff another copy of the prisoner in forma pauperis affidavit form along with this order.2
If Plaintiff timely submits the necessary affidavit and the Court finds that he is indeed
indigent, the Court will grant leave to proceed in forma pauperis and assess a filing fee of
$350 in accordance with the installment procedures 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 without regard to the installment
payment procedures, and dismiss the action without further notice pursuant to Federal Rule
of Civil Procedure 41(b), for failure to prosecute. McGore, 114 F.3d at 605.3
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

2

Plaintiff does not need to submit another copy of his inmate trust account statement.

3

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 F.3d 378, 381 (6th Cir. 2002).
2