Lee v. Geneva County Sheriff's Office et al (INMATE 2)
ORDER granting 2 motion for Leave to Proceed in forma pauperis; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk @ Geneva County Jail. Signed by Honorable Judge Charles S. Coody on 4/14/15. Furnished to cashier.(djy, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
JUSTIN DAVID LEE,
) CIVIL ACTION NO.: 1:15-CV-205-MHT
GENEVA COUNTY SHERIFF’S
OFFICE, et al.,
ORDER ON MOTION
Upon consideration of the motion for leave to proceed in forma pauperis filed by Plaintiff
(Doc. No. 2), and for good cause, it is
ORDERED that such motion be and is hereby GRANTED.
In accordance with the provisions of 28 U.S.C. § 1915(b)(1), a prisoner who seeks to
proceed in forma pauperis in a civil action or on appeal is required to pay the full amount of the
requisite filing fee. Upon review of the financial information provided to the court, it appears
that Plaintiff lacks the requisite funds in his prison account for this court to require payment of
either the entire filing fee or an initial partial filing fee. However, under the provisions of 28
U.S.C. § 1915(b)(1), this court must "assess and, when funds exist, collect" the $350.00 filing fee
from monies available to Plaintiff.
In light of the foregoing and in accordance with the
provisions of 28 U.S.C. § 1915(b)(2), it is further
1. Plaintiff shall make monthly payments of 20 percent of each preceding month's
income credited to his account as payments towards the $350.00 filing fee; and
2. Those persons having custody of Plaintiff shall forward the above described payments
from Plaintiff's account to the clerk of this court each time the amount in his account exceeds
$10.00 until the $350.00 filing fee is paid in full. Id.
To aid Plaintiff and those persons having custody of Plaintiff in complying with the
requirements of this order, the clerk is DIRECTED to furnish a copy of this order to the inmate
account clerk at the Geneva County Jail.
Plaintiff is advised that if this case is dismissed for any reason he remains obligated to
pay the $350.00 filing fee. The filing fee will be collected from any funds which become
available to Plaintiff and will be forwarded to this court by those persons having custody of
Plaintiff pursuant to the directives contained in this order.
Additionally, Plaintiff is advised that if he files a notice of appeal he will likewise be
required to pay the requisite appellate filing fee which is currently $505.00. Thus, if at the time
Plaintiff files a notice of appeal he has the necessary funds to pay the $505.00 filing fee, he must
submit such amount to the court with the notice of appeal. If the requisite funds are not available
and Plaintiff seeks to proceed in forma pauperis on his appeal, he must complete an affidavit in
support of such request and supply the court with a certified copy of his prison account statement
for the 6-month period preceding the filing of the appeal. However, Plaintiff is informed that
regardless of this court's determination on his in forma pauperis motion the entire appellate filing
fee will be collected from those persons having custody of him from funds available in his prison
account in a manner similar to that outlined in this order.
Done, this 14th day of April 2015.
/s/ Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE
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