IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

MARVEL JONES,

Plaintiff, 

vs. 

MADISON COUNTY, A Political 

Subdivision; STATE OF NEBRASKA, 

NEBRASKA STATE PATROL, A State 

Agency; MADISON COUNTY SHERIFF 

DEPARTMENT, The Chief Law Inforcement 

Officer of Madison County; SIX UNKNOWN 

SHERIFF OFFICERS OF MADISON 

COUNTY, NEBRASKA, Sued In Their 

Individually And In Their Official Capacity; 

MICHAEL GETTMANN, LICSW/LIMHP, 

Sued In His Individually And In His Official 

Capacity; and SEN. ROBERT ROSE, of 

Law Enforcement and Public Safety for the 

Nebraska State Patrol Sued In His 

Individually And In His Official Capacity;

Defendants.

8:23CV182

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff’s “Motion for Reconsideration in 

Paying Filing Fees.” Filing No. 6. Plaintiff states that he is not a prisoner but rather is a 

patient at the Norfolk Regional Center under “the Mental Health Commitment Act.” Id. 

at 1. Thus, the Prison Litigation Reform Act (“PLRA”) does not apply to him. Based on 

his statements, it appears Plaintiff is asking the Court not to require him to pay the filing 

fee.

The Court is well aware that Plaintiff, as a civilly committed patient at the Norfolk 

Regional Center, is not subject to the PLRA filing fee payment requirements. See Reed 

v. Clarke, No. 4:04CV3168, 2005 WL 1075092, at *1 n.1 (D. Neb. May 5, 2005) (“The 

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plaintiff is presently in the Lincoln Regional Center pursuant to a mental health 

commitment. The Prison Litigation Reform Act (‘PLRA’) does not apply to persons in 

custody pursuant to the Mental Health Commitment Act, as the definition of ‘prisoner’ in 

the PLRA does not include a person involuntarily committed for reasons of mental 

health.”) (citing Kolocotronis v. Morgan, 247 F.3d 726, 728 (8th Cir.2001)). However, 

the Court did not order Plaintiff to pay the filing fee pursuant to the PLRA. Rather, the 

Court ordered Plaintiff to either pay the Court’s $402.00 filing and administrative fees or 

to submit a request to proceed in forma pauperis, see Filing No. 5, which is required of 

any nonprisoner filing a civil suit in federal district court. See 28 U.S.C. § 1914 (“The 

clerk of each district court shall require the parties instituting any civil action . . . to pay a 

filing fee of $350 . . . .” and shall also collect the $52 administrative fee for filing a civil 

action prescribed by the Judicial Conference of the United States.); 28 U.S.C. § 1915

(allowing a court to “authorize the commencement . . . of any suit . . . without 

prepayment of fees or security therefor, by a person who submits an affidavit that 

includes a statement of all assets such prisoner possess that the person is unable to 

pay such fees or give security therefor”).

To be clear, Plaintiff has the choice of paying the Court’s full $402.00 filing and 

administrative fees or submitting a request to proceed in forma pauperis that complies 

with 28 U.S.C. § 1915. If Plaintiff is granted leave to proceed in forma pauperis, he will 

be relieved from paying the Court’s filing fee.

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IT IS THEREFORE ORDERED that:

1. Plaintiff’s Motion for Reconsideration in Paying Filing Fees, Filing No. 6, is

denied as moot because Plaintiff is not required to pay any filing fee pursuant to the 

PLRA.

2. The Clerk of the Court is directed to send to Plaintiff the Form AO240

(“Application to Proceed Without Prepayment of Fees and Affidavit”).

3. On the Court’s own motion, the deadline for Plaintiff to submit the $402.00 

fees to the Clerk’s office or submit a request to proceed in forma pauperis is extended 

to June 30, 2023.

4. The Clerk of Court is directed to set a pro se case management deadline 

using the following text: June 30, 2023: Check for MIFP or payment. 

Dated this 13th day of June, 2023.

BY THE COURT:

Joseph F. Bataillon

Senior United States District Judge

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