Young v. Pulaski County Jail

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
ROY LARON YOUNG 	PLAINTIFF
ADC # 089567
v. 	4:25CV01064-BSM-JTK
PULASKI COUNTY JAIL 	DEFENDANT
ORDER
Roy Laron Young (“Plaintiff”) is in custody at the North Central Unit of the Arkansas
Division of Correction (“ADC”). 	He filed a Motion to Proceed In Forma Pauperis (“IFP
Motion”) in order to commence a pro se federal civil rights action without prepayment of the
$405.00 filing fees and costs. 	(Doc. No. 4).1 	Plaintiff’s IFP Motion (Doc. No. 4) is DENIED
because he has not included a calculation sheet and certificate signed by an authorized official of
the facility in which Plaintiff is incarcerated.
According to the Prison Litigation Reform Act (“PLRA”), a prisoner who is allowed to
file a civil action in forma pauperis 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. 	See
1 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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28 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 PLRA, in order for the Court to determine how the $350 filing fee will be paid,
the prisoner is required to submit a certificate and calculation sheet prepared and signed 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. 	28 U.S.C. § 1915(a)(2).
The prisoner is also required to submit “an affidavit that includes a statement of all assets such
prisoner possesses . . . .” 	28 U.S.C. § 1915(a)(1). 	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)(4).
As mentioned above, Plaintiff did not include a calculation sheet and certificate signed by
an authorized official of the North Central Unit of the ADC. 	The Court needs both a signed
certificate and signed calculation sheet in ruling on Plaintiff’s IFP Motion.
IT IS, THEREFORE, ORDERED that:
1. 	Plaintiff’s Motion to Proceed In Forma Pauperis (Doc. No. 4) is DENIED without
prejudice.
2. 	Plaintiff must submit either the $405 statutory filing fee or a completed in forma
pauperis application, with the required calculation sheet signed by an authorized official of the
incarcerating facility, within thirty (30) days of the entry date of this Order.2
2 Plaintiff is hereby notified of his responsibility to comply with the Local Rules of the Court,
including Rule 5.5(c)(2), which provides, 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.”
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3. 	The Clerk of the Court is directed send to Plaintiff an in forma pauperis application,
including certificate and calculation sheet.
Dated this 24th day of October, 2025.
____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE
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