Adam Elliott Sr. v. J. Russell Derr, Judge, in his Official Capacity

Summary

The United States District Court for the District of Nebraska grants Adam Elliott Sr.’s motion to proceed in forma pauperis. Because his account balance was $0.00, the court suspends collection of the initial partial filing fee and directs collection of the full $350.00 filing fee through monthly installments under the Prison Litigation Reform Act.

Holdings

1. A prisoner with no assets or means to pay the initial partial filing fee may proceed in forma pauperis; the initial partial fee requirement is suspended when the prisoner lacks funds.
2. The full $350.00 filing fee must be collected through monthly installment payments, with the agency having custody of the prisoner forwarding 20 percent of the preceding month's income in months when the account exceeds $10.00.

Questions Presented

1. Whether Plaintiff should be permitted to proceed in forma pauperis despite having no funds to pay an initial partial filing fee.
2. How Plaintiff's filing fee must be collected under the Prison Litigation Reform Act when he cannot pay the initial partial fee.

Disposition

other