Carter v. Montgomery Municpal Court et al (INMATE2)
ORDER directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and account clerk at the Montgomery County Jail. Signed by Honorable Charles S. Coody on 9/1/2009. (cb, )
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION _____________________________ T H O M A S CARTER P l a in tif 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 . _____________________________ * * * * * 2:09-CV-777-TMH (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 August 18, 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,
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 1 st day of September 2009.
/s/ Charles S. Coody CHARLES S. COODY U N IT E D STATES MAGISTRATE JUDGE
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.
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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