Albright v. Reid et al (INMATE 1)
[VACATED AND STRICKEN FROM THE RECORD PURSUANT TO COURT 10 ORDER.] ORDER: In the document filed by the plaintiff on 6/10/2009 (Court Doc. No. 5), the plaintiff asserts additional claims for relief and seeks to dismiss Whit Moncrief as a defendant. The court therefore construes this document to contain a motion to amend. ORDERED that this motion be and is hereby GRANTED. Accordingly, the Clerk is DIRECTED to terminate Whit Moncrief as a defendant. Signed by Honorable Terry F. Moorer on 6/11/2009. (dmn) Modified on 6/11/2009 (dmn).
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION ANTHONY ALBRIGHT, #132655, Plaintiff, v. TOM REID, et al., Defendants. ) ) ) ) ) ) ) ) ) )
CIVIL ACTION NO. 2:09-CV-503-ID [WO]
ORDER ON MOTION In the document filed by the plaintiff on June 10, 2009 (Court Doc. No. 5), the plaintiff asserts additional claims for relief and seeks to dismiss Whit Moncrief as a defendant. The court therefore construes this document to contain a motion to amend. Upon consideration of the motion to amend, and for good cause, it is ORDERED that this motion be and is hereby GRANTED. Accordingly, the Clerk is DIRECTED to terminate Whit Moncrief as a defendant.
Done this 11th day of June, 2009.
/s/ Terry F. Moorer TERRY F. MOORER UNITED STATES MAGISTRATE JUDGE
INFORMATION TO PRISONERS SEEKING LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. § 1915 IN CIVIL ACTIONS BEFORE ANY FEDERAL COURT
In accordance with 1996 amendments to the in forma pauperis (IFP) statute governing civil actions in federal court, as a prisoner you will be obligated to pay the full filing fee of $350.00 for a civil action. If you later file an appeal, the filing fee for the appeal is $455.00 and you will likewise be responsible for payment of such fee. Thus, if at the time you file your action you have the funds available to pay the requisite filing fee, you must send such amount to the court with your complaint or notice of appeal and, if appropriate, your IFP application. If you do not have enough money to pay the full filing fee when your action is filed, you can file the action without prepayment of the filing fee. However, the court will assess and, when funds exist, collect an initial partial filing fee. The initial partial filing fee will be equal to 20 percent of the average monthly deposits to your prison or jail account for the six months immediately preceding the filing of the lawsuit, or 20 percent of the average monthly balance in your prison or jail account for that same six month period, whichever is greater. The court will order that you make the initial partial filing fee out of your prison or jail account or any other funds you have indicated are available to you. If you fail to submit the initial partial filing fee, your case will be dismissed and the full amount of the filing fee will be collected from those persons having custody of you. After the initial partial filing fee has been paid, you will be responsible for paying the balance of the filing fee. To fulfill your obligation for payment of the full filing fee, each month you will owe 20 percent of your preceding month's income toward the balance on the filing fee. Pursuant to an order of the court, the agency that has custody of you will collect that money and send payments to the court any time the amount in the account exceeds $10.00. You are advised that the balance of the filing fee will be collected even if the action is subsequently dismissed for any reason, summary judgment is granted against you, or you fail to prevail at trial.
In order to proceed with an action or appeal in forma pauperis you must complete the affidavit 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 filing 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 form, your request to proceed in forma pauperis will be denied. Regardless of whether some or all of the filing fee has been paid, the court is required to screen your complaint and to dismiss the complaint if (1) your allegation of poverty is untrue; (2) the action is frivolous or malicious; (3) your complaint does not state a claim on which relief can be granted; or (4) you sue a defendant for money damages and that defendant is immune from liability for money damages. If on three or more occasions you have filed actions or appeals while a prisoner which were dismissed as frivolous or malicious or for failure to state a claim on which relief can be granted, then you will be prohibited from bringing any other actions in forma pauperis unless you are in imminent danger of serious physical injury. In such cases, 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.
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