Scott v. Pfizer Pharmaceutical

Filing 6

ORDER Re Collection and Payment of Full Filing Fee. The Clerk shall file pltf's pleadings without prepayment of the filing fee. Pltf is not required to pay an initial partial filing fee. Pltf shall pay $350, the balance of the full filing fee, in monthly installments, and pay 20 percent of each deposit made into his trust account. Pltf's Motion 2 to Proceed IFP is GRANTED. Signed by Magistrate Judge Judith K. Guthrie on 06/23/11. cc:pltf 6-24-11(mll, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

HARRIL GLEN SCOTT #1319015

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VS.

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PFIZER PHARMACEUTICAL

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CIVIL ACTION NO. 6:11CV276

ORDER RE COLLECTION AND PAYMENT OF FULL FILING FEE
Came on for consideration the Plaintiff's Application for Leave to Proceed In Forma
Pauperis (docket entry #2). The Prison Litigation Reform Act of 1996 (PLRA) requires prisoners
seeking to bring civil actions to pay the full filing fee ($350), including an initial partial filing fee.
The certified application to proceed in forma pauperis reveals that the Plaintiff does not have any
funds in his trust fund account and has had a zero balance over the last six months. He does not have
any funds to make an initial partial filing fee.
Having considered the Plaintiff's Application for Leave to Proceed In Forma Pauperis in
light of the Prison Litigation Reform Act of 1996 (PLRA), the Court makes the following orders:
1.

The Plaintiff’s motion for leave to proceed in forma pauperis (docket entry #2) is
GRANTED. 28 U.S.C. § 1915. The granting of the motion does not relieve the
Plaintiff of the responsibility of paying the $350 filing fee or any partial fees
connected therewith, unless and until the Court directs otherwise, regardless of the
disposition of the case.

2.

The Clerk shall file the Plaintiff's pleadings without prepayment of the filing fee.

3.

The Plaintiff is not required to pay an initial partial filing fee.

4.

The Plaintiff shall pay $350, the balance of the full filing fee, in monthly installments
as provided in 28 U.S.C. § 1915(b)(1).
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5.

The Texas Department of Criminal Justice -- Correctional Institutions Division shall
deduct 20% of each deposit made to the Plaintiff's inmate trust account and forward
payments to the Court on a regular basis provided the account exceeds $10.00.

6.

The Plaintiff shall execute all consents and other documents required by the agency
having custody of him to authorize the necessary withdrawals from his inmate trust
account. Failure to execute the consent documents may result in the dismissal of the
lawsuit.

7.

Service of process shall be withheld pending judicial screening pursuant to 28 U.S.C.
§ 1915A.

8.

No amendments or supplements to the complaint shall be filed without prior
approval. A complete amended complaint shall be attached to any motion to amend.

9.

There will be no discovery in this case at this time. See Fed. R. Civ. P. 26. If the
Defendants are ordered to answer, then all parties are to disclose information relevant
to the claims or defenses of any party within thirty days after an answer is filed. The
parties shall promptly file a notice of disclosure after such disclosure has taken place.
See Rule CV-26(c), Local Rules for the Eastern District of Texas.

10.

No motions for appointment of counsel shall be filed until the Court has completed
its screening pursuant to 28 U.S.C. § 1915A, which may include a hearing pursuant
to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

11.

The Plaintiff shall notify the Court of any changes of address by filing a written
notice of change of address with the Clerk. Failure to file such notice may result in
the case being dismissed for want of prosecution.

12.

The Clerk shall mail a copy of this Order to Bettie Wells, TDCJ Litigation Support,
P.O. Box 13084, Austin, TX 78711 and TDCJ Local Funds Division, P. O. Box 629,
Huntsville, TX 77342-0629.

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NOTICES TO THE PLAINTIFF:
If you do not wish to prosecute this action, you may notify the Court in writing, by letter or
motion, that you do not wish to prosecute this civil action.
So ORDERED and SIGNED this 23 day of June, 2011.

____________________________
JUDITH K. GUTHRIE
UNITED STATES MAGISTRATE JUDGE

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