United States District Court, E.D. Michigan, Southern Division
OPINION AND ORDER OF SUMMARY DISMISSAL
V. PARKER, UNITED STATES DISTRICT JUDGE
is an inmate confined at the Federal Correctional Institution
in Milan, Michigan, who filed a pro se civil rights
complaint on March 18, 2019. On April 2, 2019, Magistrate
Judge R. Steven Whalen signed an order of deficiency, which
required Plaintiff to provide a “Prisoner's
Application to Proceed Without Prepayment of Fees and Costs
and Authorization to Withdraw from the Trust Fund Account, a
current Certification/Business Manager's Account
Statement, and a statement of Trust Fund Account (or
institutional equivalent) for the six-month period
immediately preceding the filing of the complaint.”
(ECF No. 3.)
the order permitted Plaintiff to pay the four hundred ($
400.00) dollar filing fee in full. Plaintiff was given thirty
days to comply with the order. The order warned Plaintiff
that if he failed to pay the filing fee and the
administrative fee, or failed to file the required documents,
the Court would presume that he is not proceeding without
prepayment of the fee, assess the entire fee, and order the
case dismissed for want of prosecution. (Id.)
date, Plaintiff has neither paid the filing fee in full nor
supplied this Court with all the requested information.
Plaintiff filed only a “Certificate of Account
Activity” signed by the trust fund program specialist
at FCI Milan. (ECF No. 4.) For the reasons stated below, the
complaint is DISMISSED WITHOUT PREJUDICE.
Plaintiff may refile his complaint but must either pay the
appropriate fees or file the required documents to proceed
without prepayment of fees.
Prisoner Litigation Reform Act of 1995 (PLRA) states that
“if a prisoner brings a civil action or files an appeal
in forma pauperis, the prisoner shall be required to pay the
full amount of a filing fee.” 28 U.S.C. §
1915(b)(1) (as amended); see also In Re Prison Litigation
Reform Act, 105 F.3d 1131, 1138 (6th Cir. 1997). The
in forma pauperis statute provides prisoners the
opportunity to make a down payment of a partial filing fee
and pay the remainder in installments. 28 U.S.C. §
1915(b); see also Miller v. Campbell, 108 F.Supp.2d
960, 962 (W.D. Tenn. 2000).
the PLRA, a prisoner may bring a civil action in forma
pauperis if he or she files an affidavit of indigency
and a certified copy of the trust fund account statement for
the six-month period immediately preceding the filing of the
complaint. See 28 U.S.C.A. § 1915(a). The
affidavit must include “a statement of all assets such
prisoner possesses that the person is unable to pay such fees
or give security therefor[, ]” and must also
“state the nature of the action, defense or appeal and
affiant's belief that the person is entitled to
redress.” 28 U.S.C.A. § 1915(a)(1).
inmate does not pay the full filing fee and fails to provide
the required documents, the district court must notify the
prisoner of the deficiency and grant him or her thirty days
to correct it or pay the full fee. Davis v. United
States, 73 Fed.Appx. 804, 805 (6th Cir. 2003) (citing
McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th
Cir.1997)). If the prisoner does not comply, the district
court must presume that the prisoner is not a pauper, assess
the inmate the full fee, and order the case dismissed for
want of prosecution. Id.
has failed to apply to proceed in forma pauperis in
the manner required by law and as explained in the April 2
Order of Deficiency. On April 15, 2019, he filed a
“Certificate of Account Activity, ” signed by the
trust fund program specialist at FCI Milan (ECF No. 4.),
which complies with the certified trust fund account
requirements of the Order. Plaintiff, however, did not
provide the Court with the required application to proceed
without prepayment of fees and costs.
application to proceed in forma pauperis is
accordingly deficient, because he failed to file an affidavit
that includes a statement of all assets that he possesses as
required by 28 U.S.C. § 1915(a)(1). The moment Plaintiff
filed his complaint, he became responsible for the filing
fee, and he waived any objection to the withdrawal of funds
from his trust fund account to pay court fees and costs.
McGore, 114 F.3d at 605.
Court dismisses the complaint without prejudice for want of
prosecution, because of Plaintiff's failure to comply
with Magistrate Judge Whalen's deficiency order, by
failing to timely pay the filing fee or provide the requested
documentation needed to proceed in forma pauperis.
See Erby v. Kula, 113 Fed.Appx. 74, 75-6 (6th Cir.
2004); Davis, 73 Fed.Appx. at 805.
the Court DISMISSES WITHOUT PREJUDICE the
complaint under 28 U.S.C. § 1915(a)(1) and (b)(1) and
(2) for failure to comply with the filing requirements of the
Prison Litigation Reform Act. Plaintiff may refile his
complaint but must either pay the appropriate fees or file
the required documents to proceed without prepayment of fees.