Nye v. NH State Prison et al

Filing 4

ORDER re: 2 MOTION to Proceed In Forma Pauperis filed by Thadius B. Nye, initial fee $-0-. The motion to proceed in forma pauperis is GRANTED. Given the plaintiffs current balance there shall be no initial filing fee a ssessed. In addition, monthly payments of 20% of each preceding months income credited to the plaintiffs account shall be remitted by the Institution when the amount in the account exceeds $10.00 until the sum of $350.00 has been paid. So Ordered by Magistrate Judge Landya B. McCafferty.Finance Follow Up Deadline 8/5/2013(jeb)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Thadius B. Nye v. Civil No. 13-cv-243-SM N.H. State Prison, et al. ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS The plaintiff, an inmate at New Hampshire State Prison (“Institution”), has filed a motion to proceed in forma pauperis in the above-captioned case, which is accompanied by a certificate signed by an authorized individual from the Institution. The certificate evidences that for the fivemonth period preceding the filing,1 the plaintiff’s average deposits have been $16.25 and the plaintiff’s average monthly balance has been $.24. Plaintiff has also submitted a signed consent form indicating consent to permit inmate accounts to make court-ordered payments on his behalf. The motion to proceed in forma pauperis is GRANTED. While 28 U.S.C. § 1915(b)(1) requires the court assess an initial filing fee, given the plaintiff’s current balance there shall be no initial filing fee assessed. In addition, monthly payments of 20% of each preceding month’s income credited to the plaintiff’s account shall be remitted by the Institution when the amount in the account exceeds $10.00 until the sum of $350.00 has been paid. 28 U.S.C. § 1915(b)(2). The monthly payments as outlined above, shall be forwarded to the Clerk of Court by the Institution in accordance with this Order. A copy of this Order, along with a copy of the signed 1 2012. Plaintiff has only been an inmate at the New Hampshire State Prison since November 14, Prisoner Consent Form (doc. no. 3), shall be forwarded by the Court to the Institutions inmate account department. SO ORDERED. _____________________________ Landya B. McCafferty United States Magistrate Judge Dated: June 4, 2013 cc: Thadius B. Nye, pro se Inmate Accounts, New Hampshire State Prison 2