United States District Court, D. Minnesota
R. THORSON UNITED STATES MAGISTRATE JUDGE
Calvin Thomas King did not pay the filing fee for this case,
but instead filed an application seeking leave to proceed
in forma pauperis (“IFP”). See
Doc. No. 2. King's IFP application is now before the
Court and must be addressed before any other action is taken
in this matter.
King is a prisoner, his IFP application is subject to the
requirements of 28 U.S.C. § 1915(b). This statute
(1) Notwithstanding subsection (a), if a prisoner brings a
civil action . . . in forma pauperis, the prisoner shall be
required to pay the full amount of a filing fee. The court
shall assess and, when funds exist, collect, as a partial
payment of any court fees required by law, an initial partial
filing fee of 20 percent of the greater of -
(A) the average monthly deposits to the prisoner's
(B) the average monthly balance in the prisoner's account
for the 6-month period immediately preceding the filing of
the complaint . . . .
(2) 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.
(3) In no event shall the filing fee collected exceed the
amount of fees permitted by statute for the commencement of a
civil action . . . .
(4) In no event shall a prisoner be prohibited from bringing
a civil action . . . for the reason that the prisoner has no
assets and no means by which to pay the initial partial
to this statute-which is part of the Prison Litigation Reform
Act of 1995 (“PLRA”)-prisoners who are granted
IFP status are not excused from paying the court
filing fee altogether, as is the case for non-prisoner IFP
litigants. Instead, a prisoner who is granted IFP status is
merely granted permission to pay the filing fee in
installments, rather than paying the entire amount in
advance. Ashley v. Dilworth, 147 F.3d 715, 716 (8th
Cir. 1998) (“The purpose of the [PLRA] was to require
all prisoner-litigants to pay filing fees in full, with the
only issue being whether the inmate pays the entire filing
fee at the initiation of the proceeding or in installments
over a period of time.”). Section 1915(b)(1) requires
prisoner IFP applicants to pay an initial partial filing fee
at the outset of the case, and § 1915(b)(2) requires
that the remaining balance be paid in installments through
regular deductions from the prisoner's trust account.
Court cannot calculate King's initial partial filing fee
at this time for two reasons. First, King has not signed his
IFP application and therefore has not attested to the
truthfulness of the information on that application, as
required by § 1915(a)(1). See Doc. No. 2 at 1.
Second, the financial information regarding King's prison
trust account may be incorrect; there is no explanation as to
how King has received an average of $254.00 per month in
deposits to his account over the past six months, yet has
carried an average daily balance of $0.00 during that same
period. See Doc. No. 2 at 6.
these reasons, King is hereby ordered to submit an amended
IFP application within 20 days of this order. That IFP
application must be signed and contain sufficient financial
information from which this Court can calculate King's
initial partial filing fee.Failure to do so within 20 days
will result in a recommendation that this matter be dismissed
without prejudice for failure to prosecute. See Fed.
R. Civ. P. 41(b).
on the foregoing, and on all of the files, records, and
proceedings herein, ...