Opinion
No. CV 06-1106-PHX-SMM (GEE).
May 17, 2006
ORDER
This is a civil rights action brought by a Maricopa County inmate pursuant to 42 U.S.C. § 1983. Plaintiff moved for leave to proceed in forma pauperis using an outdated form which instructed him that the current filing fee is $250.00. Effective April 9, 2006, the filing fee for a civil rights action increased to $350.00. See 28 U.S.C. § 1914, amended by, Deficit Reduction Act of 2005, Pub.L. No. 109-171, 120 Stat. 4 (Feb. 8, 2006). The local rules of this Court require Plaintiff to use the current court-approved form. See LRCiv 3.4(a). Accordingly, the Court will deny Plaintiff's outdated in forma pauperis application without prejudice to renewing his request within 30 days.
Plaintiff's renewed request must use the current court-approved form. He must fill out the form completely, including the Consent to Collection of Fees From Trust Account and the Certificate of Correctional Official as to Status of Applicant's Trust Account. Plaintiff must also re-submit his certified six-month trust account statement. To assist Plaintiff, the Court will direct the Clerk of Court to send Plaintiff a current court-approved form for an in forma pauperis application. Of course, Plaintiff may simply submit the $350.00 filing fee.
Plaintiff is given notice that if he fails to timely comply with every provision of this Order, or any order entered in this matter, this action will be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. See Ferdik v. Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (district court may dismiss action for failure to comply with any order of the Court).
IT IS THEREFORE ORDERED THAT:
(1) Plaintiff's application to proceed in forma pauperis (Doc. #1) is denied without prejudice.
(2) The Clerk of Court shall enter a judgment of dismissal of this action, without prejudice and without further notice, if Plaintiff fails to either pay the $350.00 filing fee or to file a new in forma pauperis application within thirty days of the date this Order is filed.
(3) The Clerk of Court shall provide to Plaintiff the current instructions and form for an Application to Proceed In Forma Pauperis By a Prisoner Civil (Non-Habeas).
Instructions for Prisoners Applying for Leave to Proceed in Forma Pauperis Pursuant to 28 U.S.C. § 1915 in a Civil Action (Non-habeas) in Federal Court You must pay the full filing fee of $350.00 for a civil action. If you later file an appeal, you will be obligated to pay the $455.00 filing fee for the appeal.If you have enough money to pay the full filing fee, you should send a cashier's check or money order payable to the Clerk of the Court with your complaint, petition, or notice of appeal.
If you do not have enough money to pay the full filing fee, you can file the action without prepaying the filing fee. However, the court will assess an initial partial filing fee. The initial partial filing fee will be the greater of 20% of the average monthly deposits or 20% of the average monthly balance in your prison or jail account for the six months immediately preceding the filing of the lawsuit. The court will order the agency that has custody of you to withdraw the initial partial filing fee from your prison or jail account as soon as funds are available and to forward the money to the court.
After the initial partial filing fee has been paid, you will owe the balance of the filing fee. Until the filing fee is paid in full, each month you will owe 20% of your preceding month's income. The agency that holds you in custody will collect that money and forward it to the court any time the amount in your account exceeds $10.00. The balance of the filing fee may be collected even if the action is later dismissed, summary judgment is granted against you, or you fail to prevail at trial.
To file an action without prepaying the filing fee, and to proceed with an action in forma pauperis, you must complete the attached form and return it to the court with your complaint. You must have a prison or jail official complete the certificate on the bottom of the form and attach a certified copy of your prison or jail account statement for the last six months. If you were incarcerated in a different institution during any part of the past six months, you must attach a certificate and a certified copy of your account statement from each institution at which you were confined. If you submit an incomplete form or do not submit a prison or jail account statement with the form, your request to proceed in forma pauperis will be denied.
Even if some or all of the filing fee has been paid, the court is required to dismiss your action if: (1) your allegation of poverty is untrue; (2) the action is frivolous or malicious; (3) your complaint does not state a claim upon which relief can be granted; or (4) your complaint makes a claim against a defendant for money damages and that defendant is immune from liability for money damages.
If you file more than three actions or appeals which are dismissed as frivolous or malicious or for failure to state a claim on which relief can be granted, you will be prohibited from filing any other action in forma pauperis unless you are in imminent danger of serious physical injury.
FORM