Opinion
23-cv-343-jdp
05-24-2023
ADAM TIMOTHY HAYS, Plaintiff, v. CHIPPEWA COUNTY, WEST CENTRAL DRUG TASK FORCE, AND PROBATION OFFICE, Defendants.
ORDER
ANDREW R. WISEMAN, United States Magistrate Judge.
On May 18, 2023, plaintiff Adam Timothy Hays filed a proposed civil complaint in the U.S. District Court for the Northern District of Indiana Case No. 23-cv-441; and that court transferred the case to this court on May 23, 2023, which is now pending in this court as case no. 23-cv-343-jdp. However, plaintiff has neither paid the filing fee nor requested leave to proceed without prepayment. As explained in plaintiff's other case (23-cv-300-jdp) pending in this court, 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 June 14, 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.
As mentioned previously to plaintiff, if plaintiff is unable to obtain a six-month inmate account statement from Chippewa County Jail officials, plaintiff should write to the court and provide documentation that shows the efforts plaintiff has taken to request a six-month inmate account statement.
ORDER
IT IS ORDERED that plaintiff Adam Timothy Hays may have until June 14, 2023 to submit the $402 filing fee or a motion for leave to proceed without prepayment and an inmate account statement for the period beginning approximately November 18, 2022 and ending approximately May 18, 2023. If, by June 14, 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.