Edward Howell Robertson v. Haywood County Jail

Summary

This order directs incarcerated plaintiff Edward Howell Robertson to comply with the requirements of 28 U.S.C. § 1915(a)(1)-(2) by submitting a certified six-month trust account statement or paying the $405 civil filing fee. It provides thirty days for compliance and warns that failure to comply may result in denial of in forma pauperis status, assessment of the full fee, and dismissal under Federal Rule of Civil Procedure 41(b).

Holdings

1. Under 28 U.S.C. § 1915(a)(2), a prisoner seeking to use the PLRA installment-payment procedure must submit, with the complaint, an IFP affidavit and a certified copy of the prisoner's trust-account statement for the six months immediately preceding filing.
2. If Robertson fails to comply timely, the court may deny leave to proceed in forma pauperis, assess the entire $405 filing fee from his trust account without the installment procedure, and dismiss the action under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether a prisoner seeking to proceed in forma pauperis must submit a certified copy of the trust-account statement for the six months preceding the filing of the complaint.
2. Whether the court may direct the prisoner to pay the full civil filing fee or submit the required trust-account statement and warn that noncompliance may result in denial of IFP status, assessment of the entire fee, and dismissal.

Disposition

other