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Redden v. Jackson County

October 3, 2007

SCOTTY REDDEN, ET AL. PLAINTIFFS
v.
JACKSON COUNTY, ET AL. DEFENDANTS



ORDER

Plaintiffs Scotty Redden, Roger Redden, and Roger Rudd, inmates proceeding pro se, seek relief in a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff Scotty Redden has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915, but plaintiffs Roger Redden and Roger Rudd have not submitted such a motion, or paid the $350.00 filing fee. (DE #1).*fn1

According to the Prison Litigation Reform Act (PLRA), a prisoner who is allowed to file a civil action informapauperis still must pay the full amount of the $350 filing fee. See 28 U.S.C. § 1915(b)(1). Furthermore, before docketing the complaint or, as soon thereafter as practicable, the Court must review the complaint to identify cognizable claims or dismiss the complaint if it: (1) is frivolous or malicious; (2) fails to state a claim upon which relief may be granted; or (3) seeks monetary relief against a defendant who is immune from such relief. See28 U.S.C. § 1915A. If the case is dismissed for any of these reasons, there is no provision in the Act for a refund of any portion of the filing fee to the prisoner.

Under the Act, in order for the Court to determine how the $350 filing fee will be paid, the prisoner is required to submit a calculation sheet prepared and executed by an authorized official of the incarcerating facility. This calculation sheet reflects the deposits and monthly balances in the inmate's trust account at the facility during the six-month period immediately preceding the filing of the complaint. See 28 U.S.C. § 1915(a)(2). However, the Act also provides that in no event shall a prisoner be prohibited from bringing a civil action because he "has no assets and no means by which to pay the initial partial filing fee." 28 U.S.C. § 1915(b)(3).

IT IS, THEREFORE, ORDERED that plaintiffs Roger Redden and Roger Rudd submit either the $350 statutory filing fee or informapauperis applications, with the required calculation sheets signed by an authorized official of the prison, within thirty (30) days of the entry date of this Order.*fn2

The Clerk is directed to send to plaintiffs Roger Redden and Roger Rudd in forma pauperis applications and calculation sheets.

DATED this 3rd day of ...


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