Harris v. Latham et al (INMATE2)
ORDER Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk . Signed by Judge Vanzetta P. McPherson on 12/21/05. (ajr, )
Harris v. Latham et al (INMATE2)
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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION _______________________________ T IM M Y TERRELL HARRIS P l a i n t if f , v. K E N N E T H LATHAM, et al. , * * * CIVIL ACTION NO. 1:05-CV-1187-T (W O ) *
D e f e n d a n ts . * _______________________________ O R D E R ON MOTION U p o n consideration of Plaintiff's motion for leave to proceed in forma pauperis (Doc. N o . 2), it is ORDERED that the motion is GRANTED.1 U p o n review of the financial information provided to the court, it is clear that Plaintiff la c k s the necessary funds in his prison account to pay either the requisite filing fee or an in itia l partial filing fee. However, under the provisions of 28 U.S.C. § 1915, Plaintiff is re q u ire d to pay the $250.00 filing fee applicable to the filing of a civil action in this court. S p e c ifica lly , 28 U.S.C. § 1915(b)(1) requires that this court "assess and, when funds exist, c o lle c t" the $250.00 filing fee from all monies available to Plaintiff. In light of the foregoing, and in accordance with the provisions of 28 U.S.C. § 1 9 1 5 (b )(2 ), it is further ORDERED that:
Attached to this order is a notice explaining the requisite procedures for filing civil actions in
f o r m a pauperis under 28 U.S.C. § 1915.
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1 . Plaintiff shall make monthly payments of 20 percent of the monies credited to a n d /o r maintained in his prison account as payments towards the $250.00 filing fee; 2. Those persons having custody of Plaintiff shall forward the above described p a y m e n ts from Plaintiff's account to the clerk of this court each time the amount in Plaintiff's a c co u n t exceeds $10.00 until the $250.00 filing fee is paid in full; and 3. To aid Plaintiff and those persons having custody of him in complying with the
re q u ire m e n ts of this order, the Clerk of Court is DIRECTED to furnish a copy of this order to Plaintiff and the inmate account clerk at the Dale County Jail.2 D o n e , this 21st day of December 2005.
/s / Vanzetta Penn McPherson V A N Z E T T A PENN MCPHERSON U N IT E D STATES MAGISTRATE JUDGE
Plaintiff is advised that if this case is dismissed for any reason he remains obligated to pay the
$ 2 5 0 . 0 0 filing fee. The filing fee will be collected from any funds which become available to Plaintiff a n d will be forwarded to this court by those persons having custody of Plaintiff pursuant to the directives c o n t a i n e d in this order. A d d i t i o n a l l y , Plaintiff is advised that if he files a notice of appeal he will likewise be required to p a y the requisite appellate filing fee which is currently $255.00. Thus, if at the time Plaintiff files a n o t i c e of appeal he has the necessary funds to pay the $255.00 filing fee, he must submit such amount to th e court with the notice of appeal. If the requisite funds are not available and Plaintiff seeks to proceed i n forma pauperis on his appeal, he must complete an affidavit in support of such request and supply the c o u r t with a certified copy of his prison account statement for the 6-month period preceding the filing of th e appeal. However, Plaintiff is informed that regardless of this court's determination on his in forma p a u p e r is motion the entire appellate filing fee will be collected from those persons having custody of him f r o m funds available in his prison account in a manner similar to that outlined in this order.
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N O T IC E IN F O R M A T IO N TO PRISONERS SEEKING LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915 IN CIVIL ACTIONS BEFORE ANY FEDERAL COURT I n accordance with 1996 amendments to the in forma pauperis (IFP) statute g o v e r n in g civil actions in federal court, as a prisoner you will be obligated to pay the fu ll filing fee of $250.00 for a civil action. If you later file an appeal, the filing fee for th e appeal is $255.00 and you will likewise be responsible for payment of such fee. T h u s, if at the time you file your action you have the funds available to pay the requisite filin g fee, you must send such amount to the court with your complaint or notice of a p p e a l and, if appropriate, your IFP application. If you do not have enough money to pay the full filing fee when your action is filed, y o u can file the action without prepayment of the filing fee. However, the court will assess a n d , when funds exist, collect an initial partial filing fee. The initial partial filing fee will be e q u a l to 20 percent of the average monthly deposits to your prison or jail account for the six m o n th s immediately preceding the filing of the lawsuit, or 20 percent of the average monthly b alan ce in your prison or jail account for that same six month period, whichever is greater. T h e court will order that you make the initial partial filing fee out of your prison or jail a c c o u n t or any other funds you have indicated are available to you. If you fail to submit the in itia l partial filing fee, your case will be dismissed and the full amount of the filing fee w ill be collected from those persons having custody of you. A fte r the initial partial filing fee has been paid, you will be responsible for paying the b a la n c e of the filing fee. To fulfill your obligation for payment of the full filing fee, each m o n th you will owe 20 percent of 1your preceding month's income toward the balance on th e filing fee. Pursuant to an order of the court, the agency that has custody of you will c o lle c t that money and send payments to the court any time the amount in the account e x c e e d s $10.00. You are advised that the balance of the filing fee will be collected even if the action is subsequently dismissed for any reason, summary judgment is granted a g a in s t you, or you fail to prevail at trial. In order to proceed with an action or appeal in forma pauperis you must complete the a ffid a v it in support of your request to proceed in forma pauperis and supply the court with a certified copy of your prisoner account statement for the 6-month period preceding the filin g of the complaint or notice of appeal and return it to the court with your cause of action. If you submit an incomplete form or do not submit a prison or jail account statement with the fo rm , your request to proceed in forma pauperis will be denied. R e g a r d les s of whether some or all of the filing fee has been paid, the court is 3
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r e q u ir e d to screen your complaint and to dismiss the complaint if (1) your allegation o f poverty is untrue; (2) the action is frivolous or malicious; (3) your complaint does not s ta te a claim on which relief can be granted; or (4) you sue a defendant for money d a m a g e s and that defendant is immune from liability for money damages. I f on three or more occasions you have filed actions or appeals while a prisoner w h ic h were dismissed as frivolous or malicious or for failure to state a claim on which r e lie f can be granted, then you will be prohibited from bringing any other actions in fo rm a pauperis unless you are in imminent danger of serious physical injury. In such c a se s , your request to proceed in forma pauperis will be denied and you will be required to pay the appropriate filing fee before proceeding in your civil action.
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