United States District Court, W.D. Tennessee, Eastern Division
SECOND ORDER DIRECTING PLAINTIFF TO COMPLY WITH 28
U.S.C. § 1915(A)(2) OR PAY THE $400 CIVIL FILING
D. TODD UNITED STATES DISTRICT JUDGE.
December 21, 2017, the pro se prisoner Plaintiff,
Mitchell Paige Clark, filed a complaint pursuant to 42 U.S.C.
§ 1983 accompanied by a motion to proceed in forma
pauperis. (ECF Nos. 1 & 2.) At the time, Plaintiff
was being held at the Dyer County Jail in Dyersburg,
Tennessee. (Id. at 2.) Because Plaintiff's
in forma pauperis application did not include a copy
of his inmate trust account statement for the last six
months, as required by 28 U.S.C. §§ 1915(a)-(b),
the Court issued an order on December 28, 2017, directing
Plaintiff to submit, within 30 days, either the entire $400
filing fee or a copy of his trust account statement. (ECF No.
January 8, 2018, the Clerk received and docketed
Plaintiff's change of address, in which he states that he
is now incarcerated at the Wayne County Jail in Waynesboro,
Tennessee. (ECF No. 6.) On January 17, 2018, the Court's
order, sent to him in Dyersburg, was returned undeliverable.
(ECF No. 7.) The Court has also received a letter from
Plaintiff inquiring about his motion to proceed in forma
pauperis. (ECF No. 8.) Therefore, the Court hereby
re-issues the prior order.
the Prison Litigation Reform Act (PLRA), 28 U.S.C.
§§ 1915(a)-(b), 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).
case, the affidavit submitted by Plaintiff is 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.
Plaintiff submits the necessary document in a timely manner
and the Court finds that he is 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
Plaintiff is transferred to a different prison or released,
he is ORDERED to notify the Court immediately, in writing, of
his change of address. Failure to abide by this requirement
may likewise result in the dismissal of this case without
further notice, for failure to prosecute.
 Plaintiff's letter also requests
that he be sent “any information that has been
collected in my case” and “all statements made by
my attorney Todd Taylor.” However, the Court has no
such information. All that has been submitted in this case so
far is the complaint submitted by Plaintiff himself.
Plaintiff is advised that he should take care to
distinguish between this case, #17-2923-JDT-cgc, which he
filed pursuant to 42 U.S.C. § 1983, and his habeas
petition, case number 17-1242-STA-egb, filed pursuant to 28
U.S.C. § 2254. When submitting documents to the Court,
whether letters, motions, or other types of documents,
Plaintiff must specifically advise the Clerk whether the
documents are to be filed in the § 1983 case or the
habeas case and should include the correct case number on all
of the documents submitted.
 The civil filing fee is $350.
See 28 U.S.C. § 1914(a). The Schedule of Fees
set out following the statute also requires the Clerk to
collect an administrative fee of $50 for filing any civil
case. However, that additional $50 fee will not apply if