Bozeman v. Jones et al (INMATE2) (JC)

Filing 3

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 Bullock County Facility Jail account clerk . Signed by Judge Vanzetta P. McPherson on 7/18/05. (sl, )

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Bozeman v. Jones et al (INMATE2) (JC) Doc. 3 Case 2:05-cv-00646-MHT-VPM Document 3 Filed 07/18/2005 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _______________________________ JIMMIE BOZEMAN, #163 240 Plaintiff, v. B.A. JONES, et al., Defendants. _______________________________ * * * CIVIL ACTION NO.2:05-CV-646-F WO * * ORDER 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 Upon review of the financial information provided to the court, it is clear that Plaintiff l a c k s the necessary funds in his prison account to pay either the requisite filing fee or an i n i ti a l partial filing fee. However, under the provisions of 28 U.S.C. 1915, Plaintiff is r e q u ir e d to pay the $250.00 filing fee applicable to the filing of a civil action in this court. S p ec if ic a ll y, 28 U.S.C. 1915(b)(1) requires that this court "assess and, when funds exist, colle ct" 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. A t t a c h e d to this order is a notice explaining the requisite procedures for filing civil a c t i o n s in forma pauperis under 28 U.S.C. 1915. 1 Case 2:05-cv-00646-MHT-VPM Document 3 Filed 07/18/2005 Page 2 of 2 1915(b)(2), it is further ORDERED that: 1. Plaintiff shall make monthly payments of 20 percent of the monies credited to and/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 paym ents from Plaintiff's account to the clerk of this court each time the amount in Plaintiff's a c c o 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 requ ireme nts 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 Bullock Correctional Facility Jail. 2 Done, this 18th day of July, 2005. / s / Vanzetta Penn McPherson V A N Z E T TA PENN MCPHERSON U N I TE D STATES MAGISTRATE JUDGE P l a i n t i f f 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 and w i l l 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 ti o n al ly , Plaintiff is advised that if he files a notice of appeal he will likewise be required to pay t h e requisite appellate filing fee which is currently $255.00. Thus, if at the time Plaintiff files a notice of a p p e a l he has the necessary funds to pay the $255 . 0 0 filing fee, he m u s t submit such amoun t to the court with t h e notice of ap p e a l . If the req u i s i t e funds are no t available an d Plaintiff seeks to proceed in form a pauperis o n his appeal, he must com p l e t e an affidavit in support of such requ e s t and supply the court with a certified c o p y of his prison accoun t statement for the 6-month period preceding the filing of the appeal. How e v e r , P l a i n t i f f is informed that regardless of this court's determ i n a t i o n on his in forma pauperis motion the entire a p p e l l a te filing fee will be collected from those persons having custody of him from fund s available in his p r i s o n accoun t in a manner similar to that outlined in this order. 2

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