Schaffers v. Methodist LeBonheur

Filing 7

ORDER Directing Plaintiff to File a Properly Completed In Forma Pauperis Affidavit or Pay the Civil Filing Fee. Signed by Chief Magistrate Judge Tu M. Pham on May 10, 2024. (cmd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
________________________________________________________________
CHRISTOPHER SCHAFFERS,

)
)
Plaintiff,
)
)
vs.
)
No. 24-cv-2258-TLP-tmp
)
METHODIST LEBONHEUR,
)
)
Defendant.
)
________________________________________________________________
ORDER DIRECTING PLAINTIFF TO FILE A PROPERLY COMPLETED
IN FORMA PAUPERIS AFFIDAVIT OR PAY THE CIVIL FILING FEE
________________________________________________________________
On

April

22,

2024,

Plaintiff

Christopher

Schaffers,

a

resident of Memphis, Tennessee, filed a pro se complaint and a
motion to proceed in forma pauperis. (ECF Nos. 1 & 3.)
Federal law provides that the clerk of each district court
shall require the parties instituting any civil action, suit or
proceeding in such court, whether by original process, removal
or otherwise, to pay a filing fee of $405. 1 28 U.S.C. § 1914(a).
To ensure access to the courts, however, 28 U.S.C. § 1915(a)
permits in indigent plaintiff to avoid payment of filing fees by
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, effective May 1, 2013, an
additional administrative fee of $52, which was increased to $55
on December 1, 2023, for filing any civil case, except for cases
in which the plaintiff is granted leave to proceed in forma
pauperis under 28 U.S.C. § 1915.
1

filing an in forma pauperis affidavit. Under that section, the
Court must conduct a satisfactory inquiry into the plaintiff’s
ability

to

pay

the

filing

fee

and

prosecute

the

lawsuit.

A

plaintiff seeking in forma pauperis status must respond fully to
all the questions on the Court’s in forma pauperis form and
execute

the

affidavit

in

compliance

with

requirements contained in 28 U.S.C. § 1746.

the

certification

See, e.q., Reynolds

v. Fed. Bur. of Prisons, 30 F. App’x 574 (6th Cir. 2002); Broque
v. Fort Knox Fed. Credit Union, No. 96-1896, 1997 WL 242032 (6th
Cir. May 8, 1997).
In

this

case,

Plaintiff’s

motion

to

proceed

in

forma

pauperis does not provide the Court with sufficient financial
information to determine if Plaintiff is unable to pay the civil
filing fee. The Plaintiff states on the application to proceed
in forma pauperis at number 11 that he has started a new job,
but he has not included the amount now being earned in section
1, Income amount expected next month. The plaintiff is ORDERED
to

either

submit

a

properly

completed

and

executed

in

forma

pauperis application or pay the $405.00 civil filing fee within
thirty (30) days after the date of this order. The Clerk is
directed to send Plaintiff a copy of the non-prisoner in forma
pauperis affidavit along with this order.
Failure to comply in a timely manner with this order will
result in a recommendation to the presiding district judge that
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this

action

be

dismissed

pursuant

to

Federal

Rules

of

Civil

Procedure 41(b).
IT IS SO ORDER this 10th day of May, 2024.

s/Tu M. Pham
TU M. PHAM
CHIEF UNITED STATE MAGISTRATE JUDGE

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