Christen Cox v. Madison County CJC

Summary

The United States District Court for the Western District of Tennessee directs incarcerated Plaintiff Christen Cox to either pay the $405 civil filing fee or submit a completed in forma pauperis affidavit and a certified six-month inmate trust account statement. The order warns that failure to comply within thirty days may result in denial of in forma pauperis status, assessment of the full filing fee, and dismissal under Federal Rule of Civil Procedure 41(b).

Holdings

1. A prisoner seeking to use the Prison Litigation Reform Act's installment-payment procedures must submit, with the complaint, a properly completed in forma pauperis affidavit and a certified copy of the inmate trust-account statement for the six months immediately preceding filing.
2. The court may direct a prisoner with deficient in forma pauperis materials to pay the full civil filing fee or submit the completed required documents within a specified period.
3. If Cox fails to comply timely, the court may deny leave to proceed in forma pauperis, assess the entire filing fee from his trust account without the installment procedures, and dismiss the action under Federal Rule of Civil Procedure 41(b).

Questions Presented

1. Whether a prisoner who seeks to proceed in forma pauperis must submit a completed affidavit and a certified copy of the inmate trust-account statement for the preceding six months.
2. What action the court may take if the prisoner fails to pay the filing fee or timely submit the required in forma pauperis materials.

Disposition

other