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Campbell v. Nebraska Court of Appeals
United States District Court, D. Nebraska
April 22, 2019
HERBERT L. CAMPBELL, Plaintiff,
NEBRASKA COURT OF APPEALS, SCOTT R. FRAKES, BRAD HANSEN, DISTRICT COURT OF JOHNSON COUNTY NEBRASKA, JUDGE JULIE SMITH, STEVEN D. BURNS, District Court Judge of Lancaster County, Nebraska, LANCASTER COUNTY SHERIFF, LINCOLN POLICE DEPARTMENT, TOMAS CASSIDY, JAMES PESCHONG, CHRISTOPHER CHAMPOLIX, ROBERT HURLEY, KENT BALER, SAMUEL SANTACROCE, JOSEPH KAUFMAN, BRENDA SMOLLEN, AMBER BRINTON, ALLISON PUPPE, JUDY BURIVAL, GARY E. LACEY, KEITH E. ALLENSTEIN JR., SARAH MCGOWAN, LANCASTER COUNTY ATTORNEY OFFICE, VICKIE L. JOHNSON, DENNIS R. KEEFE, TIMOTHY M. EPPLER, PUBLIC DEFENDER, PATRICIA W. LAUKAITIS, OFFICIAL COURT REPORTER, AARON SANDERFORD, and LINCOLN JOURNAL STAR, Defendants.
MEMORANDUM AND ORDER
RICHARD G. KOPF, SENIOR UNITED STATES DISTRICT JUDGE
matter is before the court on Plaintiff's Motion for
Leave to Proceed in Forma Pauperis (“IFP”).
(Filing No. 10.) The court has received a certified copy of
Plaintiff's trust account information. (Filing No. 9.)
Plaintiff is permitted to proceed IFP.
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).
to 28 U.S.C. § 1915(b)(1), Plaintiff must pay
an initial partial filing fee in the amount of 20 percent of
the greater of Plaintiff's average monthly account
balance or average monthly deposits for the six months
preceding the filing of the Complaint. Here, the court finds
the initial partial filing fee is $.09, based on an average
monthly account balance of $.48. Plaintiff must pay this
initial partial filing fee within 30 days or his 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
is advised he will remain responsible for the entire filing
fee, as long as he 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:
Plaintiff's Motion for Leave to Proceed IFP (Filing No.
10) is granted.
Plaintiff must pay an initial partial filing fee of $.09
within 30 days, unless the court extends the time in which he
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. §
1915(b)(2), quoted above, and forward those payments to the
clerk's office is directed to send a copy of this order
to the appropriate official at Plaintiff's institution.
clerk's office is directed to set a pro se case
management deadline in this case using the following text: