Opinion
23-cv-285-jdp
05-04-2023
ROBERT CARR, JR., Plaintiff, v. LAURA SUKOWATY, ALANA ACKER, NURSE FAITH AND LARRY FUCHS, Defendants.
ORDER
ANDREW R. WISEMAN United States Magistrate Judge
Plaintiff Robert Carr, Jr. 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 fee or submit a properly supported motion for leave to proceed without prepayment of the filing fee no later than May 25, 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.
ORDER
IT IS ORDERED that plaintiff Robert Carr, Jr. may have until May 25, 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 November 3, 2022 and ending approximately May 3, 2023. If, by May 25, 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.
BY THE COURT: