Lloyd v. Marshall et al (INMATE1)
ORDER that the plaintiff filed a 93 Notice of Appeal filed on April 30, 2012. Pursuant to the provisions of the Prison Litigation Reform Act, 28 U.S.C. § 1915 (as amended), the plaintiff is required to pay the requisite $455.00 fee for filing this notice of appealas further set out in order. Signed by Honorable Judge Mark E. Fuller on 05/01/12. Copies mailed to plaintiff, Account Clerk @ Downstate Correctional Facility; Furnished to Cashier and Financial Section. (ydw, )
IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
DERRICK MYRON LLOYD, #11A2684,
DAVID T. MARSHALL, et al.,
CASE NO. 2:08-cv-0419-MEF
The plaintiff filed a notice of appeal on April 30, 2012. Pursuant to the
provisions of the Prison Litigation Reform Act, 28 U. S. C. § 1915 (as amended), the
plaintiff is required to pay the requisite $455. 00 fee for filing this notice of appeal.
Accordingly, it is
1. If the funds in plaintiff’ s prison account exceed $455. 00, those persons
having custody of the plaintiff shall forward to the Clerk of this Court the $455. 00
appellate filing fee.
2. If the funds in plaintiff’ s prison account are less than $455. 00, those persons
having custody of the plaintiff shall -(A) make an initial partial payment to this court equal to the greater of the
(a) 20% of the average monthly deposits to plaintiff' s
account for the 6-month period immediately preceding the
date plaintiff filed his notice of appeal; or
(b) 20% of the average monthly balance in plaintiff' s
account for the aforementioned 6-month period.
(B) make additional monthly payments of 20% of each preceding month' s
income credited to plaintiff' s account until the balance of the $455. 00 fee is paid.
These additional monthly payments shall be deducted from plaintiff' s prison account
each time the amount in this account exceeds $10. 00 until the $455. 00 filing fee is paid
3. Where the appellate court enters a judgment against plaintiff for payment of
costs at the conclusion of the appeal, including any unpaid portion of the required
$455. 00 filing fee, those persons having custody of the plaintiff shall continue making
monthly payments to this court in accordance with the installment plan outlined in ¶
2(B) until the full amount of the ordered costs is paid.
To aid those persons having custody of the 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 Federal Bureau of Prisons, Downstate Correctional
Facility, Fishkill, New York. The account clerk is advised that if the plaintiff is
transferred to another prison or detention facility he/she shall furnish this order to the
appropriate official at the institution where the plaintiff is transferred so that the
custodial agency can assume the duties of collecting and forwarding any remaining
monthly payments to this court.
The plaintiff is advised that if, before he has paid the $455. 00 filing fee, the
appellate court disposes of his appeal -- by dismissing the appeal for lack of
jurisdiction, want of prosecution, or because it is frivolous, or by deciding the appeal
on the merits -- he remains obligated to pay the $455. 00 filing fee. The filing fee will
be collected from any funds which become available to the plaintiff and will be
forwarded to this court by those persons having custody of the plaintiff pursuant to the
directives contained in this order.
DONE this the 1 day of May, 2012.
/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE
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