Harley v. Albright (INMATE1)

Filing 5

ORDER ON MOTION; that 2 motion for leave to proceed in forma pauperis is GRANTED except to the extent payment is required under this order; Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and inmate account clerk at the Julia Tutwiler Prison for Women. Signed by Honorable Judge Wallace Capel, Jr on 8/4/2011. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION
DANA MARSHEA HARLEY,
AIS #208414,
Plaintiff,
v.

FRANK ALBRIGHT,
Defendants.

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CIVIL ACTION NO. 2:11-CV-617-TMH
[WO]

ORDER ON MOTION

Upon consideration of the motion for leave to proceed in forma pauperis filed by the
plaintiff on August 2, 2011 (Court 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
proceed in forma pauperis in a civil action or on appeal is required to pay the full amount of
the requisite filing fee. Upon review of the financial information provided to the court, it
appears that the plaintiff lacks the requisite funds in her prison account for this court to
require payment of either the entire filing fee or an initial partial filing fee. However, under
the provisions of 28 U.S.C. § 1915(b)(1), this court must "assess and, when funds exist,
collect" the $350.00 filing fee from monies available to the plaintiff. In light of the foregoing
and in accordance with the provisions of 28 U.S.C. § 1915(b)(2), it is further
ORDERED that:

1. The plaintiff shall make monthly payments of 20 percent of each preceding month's
income credited to her account as payments towards the $350.00 filing fee.
2. Those persons having custody of the plaintiff shall forward the above described
payments from the plaintiff's account to the clerk of this court each time the amount in the
plaintiff's account exceeds $10.00 until the $350.00 filing fee is paid in full. Id.
To aid the plaintiff and 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 Julia Tutwiler Prison for Women.
The plaintiff is advised that if this case is dismissed for any reason she remains
obligated to pay the $350.00 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.
Additionally, the plaintiff is advised that if she files a notice of appeal she will
likewise be required to pay the requisite appellate filing fee which is currently $455.00.
Thus, if at the time the plaintiff files a notice of appeal she has the necessary funds to pay the
$455.00 filing fee, she must submit such amount to the court with the notice of appeal. If the
requisite funds are not available and the plaintiff seeks to proceed in forma pauperis on her
appeal, she must complete an affidavit in support of such request and supply the court with
a certified copy of his prison account statement for the 6-month period preceding the filing
of the appeal. However, the plaintiff is informed that regardless of this court's determination
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on his in forma pauperis motion the entire appellate filing fee will be collected from those
persons having custody of him from funds available in his prison account in a manner similar
to that outlined in this order.
Done this 4th day of August, 2011.

/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE

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