Pearson v. Ross
4:24-cv-01204
E.D. Mo.Apr 29, 2025Background
- Plaintiff Lamaar Pearson filed a civil action in federal court against defendants Tammy Ross and others.
- Pearson, a prisoner, seeks to proceed in forma pauperis (IFP), i.e., without paying the standard filing fee due to claimed financial inability.
- Under the Prison Litigation Reform Act (PLRA), prisoner-plaintiffs must submit a certified copy of their institutional account statement for the six months prior to filing suit.
- Pearson did not submit the required certified account statement; thus, the court cannot yet decide his IFP application.
- The court ordered Pearson to submit the required documentation within 30 days and warned that failure to do so could result in dismissal of his case without prejudice.
- The Clerk of Court was directed to send additional copies of the memorandum and order to help Pearson obtain the necessary statement from jail staff.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Pearson can proceed IFP without an account statement | Has demonstrated inability to pay | N/A (no response required at IFP step) | Must submit certified account statement before IFP status considered |
Key Cases Cited
- Crawford-El v. Britton, 523 U.S. 574 (U.S. 1998) (PLRA requires all prisoners to pay filing fees, even if proceeding IFP)
- Ashley v. Dilworth, 147 F.3d 715 (8th Cir. 1998) (PLRA’s purpose is to ensure full filing fee payment by prisoners, even if over time)
