Baker, J.
Charles Davis Sr. appeals the trial court’s order dismissing his complaint for failure to make a timely payment of filing fees. Finding that the trial court was statutorily required to give Davis forty-five days to make the payment, but gave him only thirty days, and that Davis made the required payment within forty-five days, we reverse and remand.
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Indiana Code section 33-37-3-3 provides that, as a general rule, incarcerated persons must pay a partial filing fee. The offender may claim that there are special circumstances and request relief from the partial filing fee requirement. Ind. Code § 33-37-3-3(c). If the trial court denies the request to waive all filing fees, “the court shall give written notice to the offender that the offender’s case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow.” I.C. § 33-37-3-3(d). The plain language of this statute clearly indicates that, at the least, the trial court must afford the offender with forty-five days to pay the partial filing fee. The trial court may give the offender more time, but there is nothing in the statute permitting the trial court to afford the defendant less than forty-five days to make the payment.
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The judgment of the trial court is reversed and remanded with instructions to Davis to re-send the filing fee of $17.18 within forty-five days of the certification of this decision and for further proceedings.
Vaidik, C.J., and Najam, J., concur.