Summary
The United States District Court for the District of Minnesota orders prisoner-plaintiff Willie James Crump to pay an initial partial filing fee of $22.19 under 28 U.S.C. § 1915(b). The court states that failure to pay within 21 days will result in a recommendation that the action be dismissed without prejudice for failure to prosecute. The order also warns that the complaint may face sovereign-immunity, personal-involvement, and other substantive legal deficiencies.
Topics
Practice areas
Questions Presented
- What initial partial filing fee must a prisoner pay to proceed in forma pauperis under 28 U.S.C. § 1915(b)(1)?
- What consequence follows if the prisoner does not pay the required initial partial filing fee within the ordered period?
Holdings
- Under 28 U.S.C. § 1915(b)(1), a prisoner seeking to proceed in forma pauperis must pay an initial partial filing fee equal to 20 percent of the greater of the prisoner's average monthly deposits or average monthly balance during the six months preceding the filing of the complaint. Because the average deposits exceeded the average balance, Crump's initial partial filing fee was $22.19.
- The action will not proceed unless Crump pays at least $22.19 within 21 days of the order; if he fails to pay, the court will recommend dismissal without prejudice for failure to prosecute.
Factual background
Willie James Crump is incarcerated and filed a civil-rights complaint against the Minnesota Department of Corrections, Tracy Beltz, and Paul Schnell. His in forma pauperis materials showed average monthly deposits of $110.99 and an average balance of $73.21 for the relevant six-month period. Applying the statutory formula, the court calculated an initial partial filing fee of $22.19.
Procedural history
Crump filed a prisoner civil-rights complaint and an application to proceed in forma pauperis. Based on the submitted trust-account materials, the court ordered him to pay an initial partial filing fee of $22.19 within 21 days and warned that failure to pay would result in a recommendation of dismissal without prejudice for failure to prosecute.