The opinion
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
STEVEN BROWN PLAINTIFF
#774970
v. Case No. 3:22-cv-00170-KGB
MARCUS, State Police
Officer DEFENDANT
ORDER
Plaintiff Steven Brown, currently an inmate at the Jackson County Detention Center, filed
a pro se complaint, without prepayment of the $402.00 filing fee or an application to proceed
without prepayment of fees and affidavit (Dkt. No. 1). To proceed with this action, Mr. Brown
must either pay the statutory filing fee or complete an application to proceed without prepayment
of fees and affidavit within 30 days from the entry of this Order.
Under the Prison Litigation Reform Act (“PLRA”), a prisoner who is permitted to file a
civil action in forma pauperis still must pay the full statutory fee. 28 U.S.C. §1915(b)(1). The
cost for filing a new civil case is $402.00 which includes a $52.00 administrative fee that does
not apply to persons granted in forma pauperis status under 28 U.S.C. § 1915. The only question
is whether a prisoner will pay the entire filing fee at the initiation of the proceeding or in
installments over a period of time. Ashley v. Dilworth, 147 F.3d 715, 716 (8th Cir. 1998). Even
if a prisoner is without assets and unable to pay an initial filing fee, he will be allowed to proceed
with his 42 U.S.C. § 1983 claims, and the filing fee will be collected by the Court in installments
from the prisoner’s inmate trust account. 28 U.S.C. § 1915(b)(4). If the prisoner’s case is
subsequently dismissed for any reason, including a determination that it is frivolous, malicious,
fails to state a claim, or seeks monetary relief against a defendant who is immune from such
relief, the full amount of the filing fee will be collected, and no portion of this filing fee will be
refunded to the prisoner.
To proceed in forma pauperis, the PLRA requires Mr. Brown to submit a completed
application to proceed without prepayment of fees and affidavit, along with a certificate and
calculation sheet, prepared and signed by an authorized officer of the Jackson County Detention
Center.
Mr. Brown is proceeding pro se. He is notified that Local Rule 5.5(c)(2) of the Rules of
the United States District Courts for the Eastern and Western Districts of Arkansas requires pro
se litigants like Mr. Brown: (1) to notify promptly the Court and the other parties in the case
of any change of address; (2) to monitor the progress of the case; and (3) to prosecute or
defend the action diligently. Mr. Brown should be aware that Local Rule 5.5 further provides
that the failure to respond to any communication from the Court within 30 days may result
in dismissal of the case. Any party proceeding pro se is expected to be familiar with and
follow the Federal Rules of Civil Procedure, as well as the Local Rules of this Court. A copy
of the Local Rules may be obtained from the District Clerk for the Eastern District of
Arkansas.
For the foregoing reasons, the Court orders Mr. Brown either to: (1) pay the statutory
filing fee of $402.00; or (2) file a properly completed application to proceed in forma
pauperis, with the required calculation sheet signed by an authorized official at the Jackson
County Detention Center, within 30 days of the entry of this Order. The Court directs the
Clerk of the Court to send Mr. Brown a blank application to proceed in forma pauperis and a
filing fee calculation.
It is so ordered this 18th day of July, 2022.
Kustine A. Pala
stine G. Baker
United States District Judge