United States District Court, W.D. Tennessee, Eastern Division
FARHAN AL-SAREI, a/k/a FARHAN AL SAREAI a/k/a AL SAREAL FARHAN a/k/a FARHAN AL SAREAI MUSAED, Plaintiff,
WARDEN, MEMPHIS COUNTY JAIL, ET AL., Defendants.
ORDER TO MODIFY THE DOCKET AND DIRECTING PLAINTIFF TO
COMPLY WITH 28 U.S.C. § 1915(a)(2) OR PAY THE $400 CIVIL
THOMAS ANDERSON CHIEF UNITED STATES DISTRICT JUDGE
February 27, 2017, Plaintiff Farhan Al-Sarei a/k/a Farhan Al
Sareai a/k/a Al Sareal Farhan a/k/a Farhan Al Sareai Musaed
filed a civil complaint accompanied by a motion to proceed
in forma pauperis. (ECF Nos. 1 & 2.) While the
complaint indicated that Plaintiff was confined at the
“Memphis County Jail” in Memphis, Tennessee (ECF
No. 1 at 1), the return address on the envelope was the
Federal Medical Center (“FMC”) in Butner, North
Carolina (ECF No. 1-1). Therefore, the Clerk listed
Plaintiff’s address of record as FMC Butner.
March 1, 2017, U.S. District Judge James D. Todd issued an
order directing Plaintiff to submit either an inmate trust
account statement in accordance with the Prison Litigation
Reform Act (“PLRA”), 28 U.S.C. §§
1915(a)-(b), or the entire $400 civil filing fee. (ECF No.
4.) That order was returned as undeliverable on March 27,
2017. (ECF No. 5.) The case was reassigned to the undersigned
judge on March 28, 2017. (ECF No. 6.) The order of
reassignment also was returned as undeliverable. (ECF No. 7.)
As it appears that Plaintiff is not incarcerated at the FMC
in Butner, the Clerk is directed to MODIFY the docket to
reflect that Plaintiff’s address is the Shelby County
Criminal Justice Complex in Memphis, Tennessee, as indicated
in the complaint. Plaintiff will be given another
oppportunity to comply with the PLRA.
the PLRA, a prisoner bringing a civil action must pay the
filing fee required by 28 U.S.C. § 1914(a). Although the
obligation to pay the fee accrues at the moment the case is
filed, see McGore v. Wrigglesworth, 114 F.3d 601,
605 (6th Cir. 1997), partially overruled on other grounds
by LaFountain v. Harry, 716 F.3d 944, 951 (6th Cir.
2013), the PLRA provides the prisoner the opportunity to make
a “down payment” of a partial filing fee and pay
the remainder in installments. § 1915(b)(2). However, in
order to take advantage of the installment procedures, the
prisoner must properly complete and submit to the district
court, along with the complaint, an in forma
pauperis affidavit containing a current certification by
the prison trust account officer and a copy of his trust
account statement for the six months immediately preceding
the filing of the complaint. § 1915(a)(2).
indicated, in this case, the affidavit submitted by Plaintiff
was not accompanied by a certified copy of his trust account
statement. Accordingly, Plaintiff is ORDERED to submit,
within 30 days after the date of this order, either the
entire $400 civil filing fee or a copy of his trust account
statement for the last six months. If Plaintiff needs
additional time to file the required document, he may request
one 30-day extension of time from this Court.
McGore, 114 F.3d at 605.
Plaintiff timely submits the necessary document and the Court
finds that he is indeed indigent, the Court will grant leave
to proceed in forma pauperis and assess a filing fee
of $350 in accordance with the installment procedures of 28
U.S.C. § 1915(b). However, if Plaintiff fails to comply
with this order in a timely manner, the Court will deny leave
to proceed in forma pauperis, assess the entire $400
filing fee without regard to the installment payment
procedures, and dismiss the action without further notice
pursuant to Federal Rule of Civil Procedure 41(b), for
failure to prosecute. McGore, 114 F.3d at
 Twenty-eight U.S.C. § 1914(a)
requires a civil filing fee of $350. In addition, §
1914(b) requires the clerk to “collect from the parties
such additional fees . . . as are prescribed by the Judicial
Conference of the United States.” The Judicial
Conference has prescribed an additional administrative fee of
$50 for filing any civil case, except for cases seeking
habeas corpus and cases in which the plaintiff is granted
leave to proceed in forma pauperis under 28 U.S.C.
§ 1915. Therefore, if Plaintiff is ultimately granted
leave to proceed in forma pauperis in accordance
with the PLRA, he will not be responsible for the additional
 Plaintiff does not need to submit
another in forma pauperis affidavit.
 Even a voluntary dismissal by
Plaintiff will not eliminate the obligation to pay the filing
fee. McGore, 114 F.3d at 607; see also In re
Alea, 286 ...