Robertson v. Wellpath Care et al

Filing 3

ORDER Directing Plaintiff to File a Completed In Forma Pauperis Affidavit and a Trust Fund Account Statement or Pay the $405 Civil Filing Fee. Signed by Judge Samuel H. Mays, Jr. on May 10, 2024. (Mays, Samuel)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION
RONNIE LASHEA ROBERTSON
a/k/a RONNIE LASHEA WILLIAMS,
Plaintiff,
v.
WELLPATH CARE, ET AL.,

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No. 24-cv-2306-SHM-tmp

Defendants.

ORDER DIRECTING PLAINTIFF TO FILE A COMPLETED
IN FORMA PAUPERIS AFFIDAVIT AND A TRUST FUND ACCOUNT
STATEMENT OR PAY THE $405 CIVIL FILING FEE

On May 9, 2024, Plaintiff Ronnie Lashea Robertson, a/k/a Ronnie Lashea Williams, who
is incarcerated at the Shelby County Division of Corrections in Memphis, Tennessee, filed a pro
se complaint pursuant to 42 U.S.C. § 1983. (ECF No 1.) However, Plaintiff neglected to submit
a properly completed application to proceed in forma pauperis and a copy of his trust account
statement as required by 28 U.S.C. §§ 1914(a)-(b).
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), partially overruled on other grounds by LaFountain v. Harry,
716 F.3d 944, 951 (6th Cir. 2013), the PLRA provides the prisoner the opportunity to make a
“down payment” of a partial filing fee and pay the remainder in installments. Id. at 604.

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The civil filing fee is $350. 28 U.S.C. § 1914(a). The Schedule of Fees set out following the
statute also requires an additional administrative fee of $55 for filing any civil case. That
additional fee will not apply if leave to proceed in forma pauperis is ultimately granted.

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).
Therefore, the Plaintiff is ORDERED to submit, within 30 days after the date of this order,
either the entire $405 civil filing fee or a completed in forma pauperis affidavit 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 and along with this order. If
Plaintiff needs additional time to submit the document, 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 filing fee of $405 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 Federal Rule of Civil Procedure 41(b). McGore, 114 F.3rd at 605.
IT IS SO ORDERED, this 10th day of May, 2024.

/s/ Samuel H. Mays, Jr.
SAMUEL H. MAYS, JR.
UNITED STATES DISTRICT JUDGE

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