Opinion
CAUSE NO. 1:08-CV-100 PS.
July 10, 2008
ORDER
This matter is before the Court sua sponte. While he was held at the Allen County Jail, Kirk R. Martin, a pro se prisoner, filed a complaint and motion for leave to proceed in forma pauperis. The Court granted the motion to proceed in forma pauperis. Recently, Mr. Martin filed notice of his new address, which indicates that he has been released from jail.
Under 28 U.S.C. § 1915(b)(1), one who files a civil action or appeal while a prisoner must pay the full filing fee even if he is subsequently released. Robbins v. Switzer, 104 F.3d 895, 897 (7th Cir. 1997). To date $327.50 of the $350.00 filing fee remains unpaid. Before he can continue with this litigation, Mr. Martin must either pay that amount, or alternatively, 28 U.S.C. § 1915(b)(4) permits a former prisoner, who has paid the initial partial filing fee assessed under § 1915(b)(1) and any installment payments due under § 1915(b)(2), to be excused from further payments on the filing fee if he is destitute. Robbins, 104 F.3d at 898.
Mr. Martin has paid a single installment payment since he filed the complaint on April 15, 2008. Therefore, if Mr. Martin seeks to have the balance of the filing fee waived, he must submit a non-prisoner in forma pauperis petition along with a copy of his inmate trust account ledger detailing his receipts for the months since he filed the complaint on April 15, 2008, until his release, and 20% of his income for those months in which he received $10.00 or more.
Therefore, the Court:
(1) GRANTS Kirk R. Martin to and including July 17, 2008, to either pay the remaining balance of $327.50 OR file a non-prisoner petition to proceed in forma pauperis along with a copy of his inmate trust account ledger and any installment payments that were due;
(2) DIRECTS the Clerk of this Court to include a blank copy of the non-prisoner in forma pauperis petition along with the copy of this order that is mailed to Kirk R. Martin; and
(3) CAUTIONS Kirk R. Martin that if he does not comply with this order, this case will be dismissed without prejudice and without further notice because the filing fee was not paid.