Opinion
1:24-cv-00165-LAG-TQL
12-09-2024
OBIE PHILLIPS, Plaintiff, v. TYRONE OLIVER, et al., Defendants.
ORDER
Thomas Q. Langstaff United States Magistrate Judge.
Plaintiff Obie Phillips, a prisoner in Dooly State Prison, filed a pro se civil rights complaint under 42 U.S.C. § 1983. Compl, ECF No. 1; Suppl., ECF No. 2. Plaintiff has also now filed a prisoner trust fund account statement, which this Court will construe as a motion to proceed in this action in forma pauperis. Prisoner Trust Fund Account Statement, ECF No. 5.
Any court of the United States may authorize the commencement of a civil action, without prepayment of the required filing fee (in forma pauperis), if the plaintiff shows that he is indigent and financially unable to pay the court's filing fee. See 28 U.S.C. § 1915(a). A prisoner wishing to proceed under § 1915 must provide the district court with both (1) an affidavit in support of his claim of indigence, and (2) a certified copy of his prison “trust fund account statement (or institutional equivalent) for the 6-month period immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(b).
Plaintiff did not provide an affidavit of indigence attesting that he cannot afford the fee with his account statement. Moreover, according to Plaintiff's certified account statement, Plaintiff has a current spendable balance in his prisoner account of $6,499.98. Prisoner Trust Fund Account Statement 1-2, ECF No. 5. Thus, it appears from his filings that Plaintiff has the ability to pay the Court's $405.00 filing fee. As a result, Plaintiff's motion for leave to proceed in forma pauperis is DENIED and Plaintiff is ORDERED to pay the $405.00 filing fee if he wants to proceed with this action.
Plaintiff shall have FOURTEEN (14) DAYS from the date of this order to pay the $405.00 filing fee. Plaintiff's failure to pay the filing fee may result in this dismissal of this case.In the meantime, there shall be no service of process in this case pending further order of the Court.
If Plaintiff's circumstances have materially changed, such that he is no longer able to pay the filing fee, he may file a new, complete motion for leave to proceed in forma pauperis, explaining any change in circumstances that prevents him from paying the filing fee. Any new motion must include an affidavit of indigence and an updated account certification form, including a printout showing the previous six months' worth of transactions.
SO ORDERED.