Doane v. Tate (INMATE 1)

Filing 3

ORDER granting 2 Affidavit for Leave to Proceed in forma pauperis 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 account clerk @ Chilton County Jail. Signed by Honorable Judge Susan Russ Walker on 9/28/2011. (cc, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BENJAMIN LEE DOANE,
Plaintiff,
v.
STEVE TATE,
Defendant.

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) CIVIL ACTION NO. 2:11-CV-802-WHA
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ORDER ON MOTION

Upon consideration of the motion for leave to proceed in forma pauperis filed by the
plaintiff on September 26, 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 his 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 his 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 Chilton County Jail.
The plaintiff 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 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 he files a notice of appeal he 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 he has the necessary funds to pay the $455.00
filing fee, he 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 his appeal, he
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 on his
in forma pauperis motion the entire appellate filing fee will be collected from those persons
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having custody of him from funds available in his prison account in a manner similar to that
outlined in this order.
Done this 28th day of September, 2011.

/s/ Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE

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