Woods v. Montgomery Municipal Court et al (INMATE 2)

Filing 2

ORDER granting plf leave to proceed in forma pauperis; directing that (1) plf make monthly payments, as further set out; (2) those persons having custody of plf shall forward payments, as further set out in order. Copies mailed to plf and account clerk @ Montgomery City Jail. Signed by Judge Vanzetta P. McPherson on 6/30/06. Furnished to: Cashier.(djy, )

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Woods v. Montgomery Municipal Court et al (INMATE 2) Doc. 2 Case 2:06-cv-00575-MHT-VPM Document 2 Filed 06/30/2006 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _______________________________ T IM O T H Y WOODS P l a i n t if f , v. M O N T G O M E R Y MUNICIPAL C O U R T , et al., D e f e n d a n ts . _______________________________ * * * * * 2:06-CV-575-MHT (WO) ORDER N O T I C E TO PRISONERS: Pursuant to the 1996 revisions to 28 U.S.C. 1915, t h e requisite procedures for filing civil actions in forma pauperis have substantially c h a n g e d . Additionally, in accordance with the provisions of the Deficit Reduction Act o f 2005 (Pub. L. No. 109-171), the filing fee for civil actions has increased to $350.00. T h e attached notice contains an explanation of these changes. F o r good cause, Plaintiff is GRANTED leave to proceed in forma pauperis. In accordance with the provisions of 28 U.S.C. 1915(b)(1), a prisoner granted leave to proceed in forma pauperis in a civil action or on appeal is required to pay the full amount o f the requisite filing fee. Under the provisions of 28 U.S.C. 1915(b)(1), this court must "a ss e ss and, when funds exist, collect" the $350.00 filing fee from monies available to Dockets.Justia.com Case 2:06-cv-00575-MHT-VPM Document 2 Filed 06/30/2006 Page 2 of 5 P la in tif f. 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: 1. Plaintiff shall make monthly payments of 20 percent of each preceding month's in c o m e 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 p a y m e n ts from Plaintiff's account to the clerk of this court each time the amount in his a c c o u n t 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 re q u ire m e n ts of this order, the clerk is DIRECTED to furnish a copy of this order to the in m a te account clerk at the Montgomery City Jail. P la in tiff 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 a v a ila b le to Plaintiff and will be forwarded to this court by those persons having custody of P lain tiff pursuant to the directives contained in this order. A d d itio n a lly , Plaintiff is advised that if he files a notice of appeal he will likewise be re q u ire d to pay the requisite appellate filing fee which is currently $455.00. Thus, if at the tim e Plaintiff files a notice of appeal he has the necessary funds to pay the $455.00 filing fee, h e must submit such amount to the court with the notice of appeal. If the requisite funds are 2 Case 2:06-cv-00575-MHT-VPM Document 2 Filed 06/30/2006 Page 3 of 5 n o t available and Plaintiff seeks to proceed in forma pauperis on his appeal, he must c o m p le te an affidavit in support of such request and supply the court with a certified copy o f his prison account statement for the 6-month period preceding the filing of the appeal. H o w e v e r , 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 c u sto d y of him from funds available in his prison account in a manner similar to that outlined in this order. Done this 30 th day of June 2 0 0 6 . /s/ Vanzetta Penn McPherson V A N Z E T T A PENN MCPHERSON U N IT E D STATES MAGISTRATE JUDGE 3 Case 2:06-cv-00575-MHT-VPM Document 2 Filed 06/30/2006 Page 4 of 5 N O T IC E IN F O R M A T IO N TO PRISONERS PROCEEDING 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 f u ll filing fee of $350.00 for a civil action. If you later file an appeal, the filing fee for t h e appeal is $455.00 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 your preceding month's income toward the balance on the filin g fee. Pursuant to an order of the court, the agency that has custody of you will collect th a t money and send payments to the court any time the amount in the account exceeds $ 1 0 .0 0 . You are advised that the balance of the filing fee will be collected even if the a c t io n is subsequently dismissed for any reason, summary judgment is granted against y o u , 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 4 Case 2:06-cv-00575-MHT-VPM Document 2 Filed 06/30/2006 Page 5 of 5 fo rm , your request to proceed in forma pauperis will be denied. R e g a r d less of whether some or all of the filing fee has been paid, the court is 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. 5

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