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Chambers v. Cruz
United States District Court, D. Nebraska
June 4, 2019
DARRYL R. CHAMBERS, Plaintiff,
DELA CRUZ, Manager, Tecumseh State Prison, SCOTT FRAKES, Director, COLEMAN, Manager, Nebraska State Prison, AMANDA CHADWICK, Unit Manager, ZAMORA, Manager, CROWDER, Manager, CATHY SHEIR, Warden, SHERWOOD, Manager, All employed at Lincoln Correctional Center, HANSEN, Warden, ATHENA THOMAS, Unit Administrator, HARDY, Property Officer, and PAM HILLMAN, Discipline Chair Person, All Employed at Tecumseh Correctional Center, 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. 2.) The court has received a certified copy of
Plaintiff's trust account information. (Filing No. 8.)
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 $13.11, based on an average monthly account
balance of $65.56. 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
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 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.
2) is granted.
Plaintiff must pay an initial partial filing fee of $13.11
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: