Cooper v. Carter et al (INMATE 2)

Filing 22

ORDER re 20 Notice of Appeal filed by David Cooper, that plaintiff is required to pay the requisite $455.00 fee for filing this notice of appeal as further set out in the order. Signed by Hon. Chief Judge Mark E. Fuller on 12/17/2008. Copy mailed to Madison Correctional Facility as directed; furnished to Intake. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION DAVID COOPER, Plaintiff, v. ANTHONY TODD CARTER, et al., Defendants. ) ) ) ) ) ) ) ) CASE NO. 2:07-cv-011-MEF WO ORDER T h e plaintiff filed a notice of appeal on December 8, 2008 (Doc. #20). Pursuant to th e provisions of the Prison Litigation Reform Act, 28 U.S.C.A. 1915, plaintiff is required to pay the requisite $455.00 fee for filing this notice of appeal. Accordingly, it is hereby O R D E R E D that: 1. If the funds in plaintiff's prison account exceed $455.00, those persons having c u sto d y of the plaintiff shall forward to the Clerk of this court the $455.00 a p p e lla te filing fee. 2. If the funds in plaintiff's prison account are less than $455.00, those persons h a v in g custody of plaintiff shall: a. M a k e the initial partial payment to this court equal to the greater of the f o llo w in g amount: i. 2 0 % of the average monthly deposits to plaintiff's account for th e six-month period immediately preceding the date plaintiff f ile d the notice of appeal; or ii. 2 0 % of the average monthly balance in plaintiff's account for th e aforementioned six-month period. b. M ak e additional monthly payments of 20% of each preceding month's in c o m e credited to plaintiff's account until the balance of the $455.00 f e e is paid. These additional monthly payments shall be deducted from p la in tif f 's prison account each time the amount in this account exceeds $ 1 0 .0 0 until the $455.00 filing fee is paid in full. 3. W h e re the appellate court enters a judgment against plaintiff for payment of c o sts at the conclusion of the appeal, including any unpaid portion of the re q u ire d $455.00 filing fee, those persons having custody of plaintiff shall c o n tin u e making monthly payments to this court in accordance with the in s ta llm e n t plan outlined in 2b above until the full amount of the ordered c o sts is paid. T o aid those persons having custody of plaintiff in complying with the requirements o f this order, the Clerk of the court is DIRECTED to furnish a copy of this order to the in m a te account clerk at the institution of plaintiff's confinement. The account clerk is ad v ised that if plaintiff is transferred to another prison or detention facility the account clerk sh a ll furnish this order to the appropriate official at the institution where plaintiff is tra n sf e rre d so that the custodial agency can assume the duties of collecting and forwarding a n y remaining monthly payments to this court. 2 P lain tiff is advised that if, before plaintiff has paid $455.00 filing fee, the appellate c o u rt disposes of plaintiff's appeal - - by dismissing the appeal for lack of jurisdiction, want o f prosecution, or because it is frivolous, or by deciding the appeal on the merits - - plaintiff re m a in s obligated to pay the $455.00 filing fee. The filing fee will be collected from any f u n d s which become available to plaintiff and will be forwarded to this court by those p erso n s having custody of plaintiff pursuant to the directives contained in this order. D O N E this the 17 th day of December, 2008. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 3

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