Chatman v. Knight et al (INMATE2)

Filing 3

ORDER granting 2 motion for Leave to Proceed in forma pauperis; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full;. Copies mailed to plaintiff and account clerk @ Montgomery City Jail. Signed by Honorable Terry F. Moorer on 6/19/09. Furnished to cashier. (djy, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _____________________________ J A M IL CHATMAN, SR., P l a in tif f , v. J U D G E KNIGHT, et al., D e f e n d a n ts . _____________________________ * * * * * 2:09-CV-548-ID (WO)

O R D E R ON MOTION 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. U p o n consideration of the motion for leave to proceed in forma pauperis filed by P la in tif f on June 11, 2009 (Doc. No. 2), and for good cause, it is ORDERED that such motion be and is hereby GRANTED. In accordance with the provisions of 28 U.S.C. § 1915(b)(1), a prisoner who seeks to p ro c e ed in forma pauperis in a civil action or on appeal is required to pay the full amount of th e requisite filing fee. Upon review of the financial information provided to the court, it ap p ea rs that Plaintiff lacks the requisite funds in his prison account for this court to require

p a ym e n t of either the entire filing fee or an initial partial filing fee. However, under the p ro v isio n s of 28 U.S.C. § 1915(b)(1), this court must "assess and, when funds exist, collect" th e $350.00 filing fee from monies available to Plaintiff. In light of the foregoing and in ac co rda n ce with the provisions of 28 U.S.C. § 1915(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 ym 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 tif f 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,

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h e must submit such amount to the court with the notice of appeal. If the requisite funds are 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 19 th day of June 2009.

/s/ Terry F. Moorer TERRY F. MOORER U N IT E D STATES MAGISTRATE JUDGE

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N O T IC E IN F O R M A T IO N TO PRISONERS SEEKING LEAVE TO PROCEED 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 fu ll filing fee of $350.00 for a civil action. If you later file an appeal, the filing fee for th 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, yo 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 f te 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 f ilin 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 f f id 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 f ilin 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 f o rm , your request to proceed in forma pauperis will be denied.

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R e g a r d les s 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.

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