Opinion
23-cv-127-jdp
02-24-2023
MICHAEL C. HENDERSON, Plaintiff, v. JUSTIN RIBAULT, et al. Defendants.
ORDER
STEPHEN L. CROCKER, MAGISTRATE JUDGE
Plaintiff Michael C. Henderson has filed a proposed civil complaint, but has neither paid the filing fee nor requested leave to proceed without prepayment. For this case to proceed, plaintiff must pay the $402 filing feeor submit a properly supported motion for leave to proceed without prepayment of the filing fee no later than March 20, 2023.
Effective December 1, 2020, the total fee for filing a civil action is $402 (the $350 statutory fee plus the $52 miscellaneous administrative fee).
A motion for leave to proceed without prepayment of the filing fee must be accompanied by a certified copy of plaintiff's inmate trust fund account statement (or institutional equivalent) for the six-month period immediately preceding the date of the complaint. 28 U.S.C. § 1915(a)(2). If I find that plaintiff is indigent, I will calculate an initial partial payment amount that must be paid before the court can screen the merits of the complaint under 28 U.S.C. § 1915(e)(2). Thereafter, plaintiff will be required to pay the balance of the filing fee in installments.
With the complaint, plaintiff also filed a motion to use release account funds to pay the entire fee for filing this case. (Dkt. #2). However, with the exception of initial partial payments, federal courts lack the authority to tell state officials whether and to what extent a prisoner should be able to withdraw money from a release account. Plaintiff cannot use the release account funds to pay the entire balance of the $402.00 filing fee, and so plaintiff's motion will be denied.
ORDER
IT IS ORDERED that, 1. Plaintiff Michael C. Henderson may have until March 20, 2023 to submit the $402 filing fee or a motion for leave to proceed without prepayment and a trust fund account statement for the period beginning approximately August 24, 2022 and ending approximately February 24, 2023. If, by March 20, 2023, plaintiff fails to respond to this order, I will assume that plaintiff wishes to withdraw this action voluntarily. In that event, the case will be closed without prejudice to plaintiff filing the case at a later date.
2. Plaintiff 's motion for use of release account funds to pay the entire filing fee in this case (Dkt. #2) is DENIED.