United States District Court, D. Nebraska
MEMORANDUM AND ORDER
RICHARD G. KOPF SENIOR UNITED STATES DISTRICT JUDGE
matter is before the court on its own motion. On October 30,
2017, the court entered an order denying Plaintiff's
renewed motion to proceed in forma pauperis
(“IFP”). (Filing No. 10.) Subsequent to
the entry of the court's order, the clerk's office
filed a letter received from Plaintiff regarding her motion
to proceed IFP. (Filing No. 11.) Upon examination of
Plaintiff's letter, the court finds it necessary to
vacate its previous orders (Filing No. 8; Filing
No. 10) denying Plaintiff's motions to proceed IFP
and grant said motions.
plaintiffs are required to pay the full amount of the
court's $350.00 filing fee by making monthly payments to
the court, even if the prisoner is proceeding IFP. 28
U.S.C. § 1915(b). The Prison Litigation Reform Act
“makes prisoners responsible for their filing fees the
moment the prisoner brings a civil action or files an
appeal.” In re Tyler, 110 F.3d 528, 529-30
(8th Cir. 1997); Jackson v. N.P. Dodge Realty Co.,
173 F.Supp.2d 951 (D. Neb. 2001).
court previously denied Plaintiff's requests to proceed
IFP based on its understanding that Plaintiff had average
monthly deposits of $3, 827.60 in the six months preceding
the filing of her Complaint. Upon review of the information
provided by Plaintiff in her October 30, 2017 letter, the
court now understands that the “National 6 Months
Deposits” of $3, 827.60 represents the total deposits
received in the six months preceding the filing of
Plaintiff's Complaint, not the average monthly deposits.
(Filing No. 11 at CM/ECF pp.1, 4, 7.) Consequently,
Plaintiff's average monthly deposits were $637.93, which
is greater than her average monthly balance of $197.08.
pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff must pay
an initial partial filing fee in the amount of 20 percent of
Plaintiff's average monthly deposits for the six months
preceding the filing of the Complaint. Here, the court finds
the initial partial filing fee is $127.59, based on average
monthly deposits in the amount of $637.93. Plaintiff must pay
this initial partial filing fee within 30 days or her case
will be subject to dismissal. Plaintiff may request an
extension of time if one is needed.
addition to the initial partial filing fee, Plaintiff must
“make monthly payments of 20 percent of the preceding
month's income credited to the prisoner's
account.” 28 U.S.C. § 1915(b)(2). The
statute places the burden on the prisoner's institution
to collect the additional monthly payments and forward them
to the court as follows:
After payment of the initial partial filing fee, the prisoner
shall be required to make monthly payments of 20 percent of
the preceding month's income credited to the
prisoner's account. The agency having custody of the
prisoner shall forward payments from the prisoner's
account to the clerk of the court each time the amount in the
account exceeds $10 until the filing fees are paid.
28 U.S.C. § 1915(b)(2). Therefore, after payment in full
of the initial partial filing fee, Plaintiff's
institution must collect the remaining installments of the
filing fee and forward the payments to the court.
is advised she will remain responsible for the entire filing
fee, as long as she is a prisoner, even if the case is
dismissed at some later time. See In re
Tyler, 110 F.3d at 529-30; Jackson, 173
F.Supp.2d at 951.
THEREFORE ORDERED that:
court's orders dated October 18, 2017, and October 30,
2017, (Filing No. 8; Filing No. 10) are
Plaintiff's Motions for Leave to Proceed IFP (Filing
No. 6; Filing No. 9) are granted.
Plaintiff must pay an initial partial filing fee of $127.59
within 30 days, unless the court extends the time in which
she has to pay in response to a written motion.
After payment of the initial partial filing fee,
Plaintiff's institution must collect the additional
monthly payments in the manner set forth in 28 U.S.C. §