Burge v. Doe et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
BILLY RAY BURGE, JR., 	PLAINTIFF
# 2762
v. 	3:25CV00185-LPR-JTK
DOE, et al. 	DEFENDANTS
ORDER
Billy Ray Burge, Jr. (“Plaintiff”) is an inmate at the Independence County, Arkansas,
Detention Center (the “Detention Center”). 	He filed this pro se action alleging deliberate
indifference to his serious medical needs and unlawful conditions of confinement, among other
claims. 	(Doc. Nos. 1, 4, 6, 15). 	Plaintiff also filed a Motion to Proceed In Forma Pauperis (“IFP
Motion”). 	(Doc. No. 16).
Plaintiff’s IFP Motion includes the appropriate financial information and makes the
showing required by statute. Accordingly, Plaintiff’s Motion will be granted.1
1 Plaintiff is hereby notified of his responsibility to comply with the Local Rules of the
Court, including Rule 5.5(c)(2), which states, in part: “If any communication from the Court to a
pro se Plaintiff is not responded to within thirty (30) days, the case may be dismissed without
prejudice. 	Any party proceeding pro se shall be expected to be familiar with and follow the
Federal Rules of Civil Procedure.”
If at some stage in the litigation of this action, Plaintiff decides not to continue to prosecute
this action, Plaintiff should notify the Court in the form of a motion for a voluntary dismissal
pursuant to Rule 41 of the Federal Rules of Civil Procedure.
In addition, if Plaintiff has not completely exhausted his administrative remedies with
respect to all his claims, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C.
§ 1997e, he may file a motion to dismiss his unexhausted claims.
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Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is required to pay the statutory filing fee of
$350 for this action.2 Plaintiff submitted a certified copy of Plaintiff’s Inmate Trust Fund Account
Statement. 	Based on that information, an initial partial filing fee of $7.50 is assessed by this
Order. 	If the prisoner’s account does not contain the full amount assessed as an initial partial
filing fee, Plaintiff’s custodian or his/her designee shall withdraw from the account any portion of
the initial filing fee available, even if the account balance is under $10.00. 	Regardless of the
balance in the account, Plaintiff’s custodian or his/her designee shall continue to withdraw funds
until the initial partial filing fee has been paid in full.
Thereafter, Plaintiff will be obligated to make monthly payments in the amount of 20
percent of the preceding month’s income credited to Plaintiff's prison trust account each time the
amount in the account exceeds $10.00. 	Plaintiff’s custodian or any future custodian is required
to send to the Clerk of the Court the initial partial filing fee, and thereafter the monthly payments
from the Plaintiff’s prison trust account when the amount exceeds $10.00, until the statutory filing
fee is paid in full. 28 U.S.C. § 1915(b)(2).
IT IS, THEREFORE, ORDERED that:
1. 	Plaintiff’s IFP Motion (Doc. No. 16) is GRANTED.
2. 	Plaintiff’s custodian or his designee is directed to collect from Plaintiff’s prison
trust account an initial partial filing fee in the amount of $7.50 and to forward the amount to the
Clerk of the Court. 	Said payment must be clearly identified by the name and number assigned to
this action.
2 Effective December 1, 2023, the statutory filing fee for civil actions increased to $405,
due to the implementation of a $55 administrative fee. This $55 fee does not, however, apply to in
forma pauperis actions.
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3. 	Thereafter, Plaintiff’s custodian or his designee, or any future custodian, is directed
to collect from Plaintiff’s prison trust account the remaining balance of the $350 filing fee by
collecting monthly payments from Plaintiff’s prison trust account in an amount equal to 20 percent
of the preceding month’s income credited to the prisoner’s trust account and forwarding payments
to the Clerk of the Court each time the amount in the account exceeds $10.00. 	28 U.S.C.
§ 1915(b)(2). 	The payments must be clearly identified by the name and number assigned to this
action.
4. 	The Clerk is directed to forward a copy of this Order to the Administrator of the
Independence County Detention Center, 569 West Main Street, Batesville, Arkansas 72501.
Dated this 3rd day of November, 2025.
____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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