The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARVIN BROWN,
Plaintiff, 8:25CV383
vs.
MEMORANDUM AND ORDER
ROB JEFFREYS, Director of Nebraska
Department of Correctional Services
and Others;
Defendant.
This matter is before the Court on Plaintiff’s Motion for Leave to
Proceed in Forma Pauperis (“IFP”). Filing No. 2. The Court has received a
copy of Plaintiff’s trust account information. Filing No. 5. Plaintiff is
permitted to proceed IFP.
Prisoner plaintiffs are required to pay the full amount of the Court’s
$350.00 filing fee by making monthly payments to the Court, even if the
prisoner is proceeding IFP. 28 U.S.C. § 1915(b). The Prison Litigation
Reform Act “makes prisoners responsible for their filing fees the moment the
prisoner brings a civil action or files an appeal.” In re Tyler, 110 F.3d 528,
529–30 (8th Cir. 1997); Jackson v. N.P. Dodge Realty Co., 173 F. Supp. 2d 951
(D. Neb. 2001).
Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff must pay an initial partial
filing fee in the amount of 20 percent of the greater of Plaintiff’s average
monthly account balance or average monthly deposits for the six months
preceding the filing of the Complaint. Here, the Court finds the initial
partial filing fee is $28.03, based on average monthly deposits in the amount
of $140.16. Plaintiff must pay this initial partial filing fee within 30 days or
his case will be subject to dismissal. Plaintiff may request an extension of
time if one is needed.
In addition to the initial partial filing fee, Plaintiff must “make
monthly payments of 20 percent of the preceding month’s income credited to
the prisoner’s account.” 28 U.S.C. § 1915(b)(2). The statute places the burden
on the prisoner’s institution to collect the additional monthly payments and
forward them to the Court as follows:
After payment of the initial partial filing fee, the prisoner shall
be required to make monthly payments of 20 percent of the
preceding month’s income credited to the prisoner’s account. The
agency having custody of the prisoner shall forward payments
from the prisoner’s account to the clerk of the court each time the
amount in the account exceeds $10 until the filing fees are paid.
28 U.S.C. § 1915(b)(2). Therefore, after payment in full of the initial partial
filing fee, Plaintiff’s institution must collect the remaining installments of the
filing fee and forward the payments to the Court.
Plaintiff is advised he will remain responsible for the entire filing fee,
as long as he is a prisoner, even if the case is dismissed at some later time.
See In re Tyler, 110 F.3d at 529–30; Jackson, 173 F. Supp. 2d at 951.
IT IS THEREFORE ORDERED that:
1. Plaintiff’s Motion for Leave to Proceed IFP, Filing No. 2, is
granted.
2. Plaintiff must pay an initial partial filing fee of $28.03 within 30
days unless the Court extends the time in which he has to pay in response to
a written motion.
2
3. After payment of the initial partial filing fee, Plaintiffs
institution must collect the additional monthly payments in the manner set
forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to
the Court.
4, The Clerk’s office is directed to send a copy of this order to the
appropriate official at Plaintiffs institution.
5. The Clerk’s office is directed to set a pro se case management
deadline in this case using the following text: July 11, 2025: initial partial
filing fee payment due.
6. Plaintiff is advised that, following payment of the initial partial
filing fee, the next step in Plaintiffs case will be for the Court to conduct an
initial review of Plaintiffs claims to determine whether summary dismissal is
appropriate under 28 U.S.C. § 1915(e)(2).. The Court will conduct this initial
review in its normal course of business.
Dated this 11th day of June, 2025.
BY THE COURT:
J M. Gerrard
S¢ehior United States District Judge