Hale
v.
Stoffel

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISIONJun 11, 2018
CAUSE NO.: 1:17-CV-108-TLS (N.D. Ind. Jun. 11, 2018)

CAUSE NO.: 1:17-CV-108-TLS

06-11-2018

THOMAS HALE, and JUSTIN WALLS, for themselves and on behalf of themselves and other similarly situated persons, Plaintiffs, v. TERRY STOFFEL, in his official capacity, Defendant.


OPINION AND ORDER

Justin Walls was a prisoner when he filed this case and was granted leave to proceed in forma pauperis. (See ECF Nos. 1, 3, 5.) He has since been released. (See ECF No. 42.) Pursuant to 28 U.S.C. § 1915(b), a prisoner who files a civil lawsuit must pay the full amount of the filing fee, either in advance or over time, even after he is released. Robbins v. Switzer, 104 F.3d 895, 897 (7th Cir. 1997). Walls currently has an outstanding balance of $350.00. Thus, he may proceed only if he pays that amount.

Alternatively, 28 U.S.C. § 1915(b)(4) permits a former prisoner, who has paid the initial partial filing fee assessed under § 1915(b)(1) and any installment payments due under § 1915(b)(2), to be excused from further payments on the filing fee if he is indigent. Id. at 898. In this case, the initial partial filing fee was waived, but it does not appear that any of the required installment payments were remitted as ordered. If he is unable to pay the remaining balance, the Plaintiff may submit a Motion to Proceed In Forma Pauperis—AO-239 (Rev. 1/15) (INND Rev. 8/16)—with a copy of his inmate trust account ledger from March 22, 2017, to November 28, 2017. He must also pay any unpaid installment payments.

Counsel for Walls states he and his client had difficulty obtaining an inmate trust fund ledger as required by 28 U.S.C. § 1915(a)(2). (See ECF No. 1 at 28; ECF No. 3 at 1; ECF No. 42 at 1.) It is unclear whether previous requests were made using the Court's approved form—AO-240 (Rev. 7/10) (INND Rev. 8/16)—which is available at online at http://www.innd.uscourts.gov/sites/innd/files/AO240.pdf as well as from most prison and jail law libraries in the Northern District of Indiana. However, now that Walls has been released, that form is no longer applicable because he is not a prisoner. Instead, a copy of this Order can be sent to both the Huntington County Jail and Defense Counsel with a request for the ledger. --------

For these reasons, Justin Walls is GRANTED until July 10, 2018, to either pay the $350.00 filing fee OR seek leave to proceed in forma pauperis in accordance with this Order.

SO ORDERED on June 11, 2018.

s/ Theresa L. Springmann


CHIEF JUDGE THERESA L. SPRINGMANN


UNITED STATES DISTRICT COURT