Truss v. Daniels et al (INMATE 1)

Filing 35

ORDER re 31 Notice of Appeal filed by Learonardo Truss. Pursuant to the provisions of the Prison Litigation Reform Act, 28 U.S.C. § 1915, the plaintiff is required to pay the requisite $ 505.00 fee for filing this notice of appeal as further set out in the order. Signed by Honorable Judge Myron H. Thompson on 8/3/2015. Copies mailed to plaintiff and Account Clerk at Childersburg WR/CWC. Furnished to cashier and Financial section.(dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LEARONARDO TRUSS,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
LEEPOSEY DANIELS, et al.,
Defendants.

CIVIL ACTION NO.
2:12cv360-MHT
(WO)

ORDER
The plaintiff filed a notice of appeal on July 30,
2015.

Pursuant

to

the

provisions

of

the

Prison

Litigation Reform Act, 28 U.S.C. § 1915, the plaintiff
is

required

filing

this

to

pay

notice

the
of

requisite
appeal.

$

505.00

fee

Accordingly,

it

for
is

ORDERED that:
(1)

If the funds in the plaintiff’s prison account

exceed $ 505.00, those persons having custody of the
plaintiff shall forward to the clerk of this court the
$ 505.00 appellate filing fee.
(2)

If the funds in the plaintiff’s prison account

are less than $ 505.00, those persons having custody of

the plaintiff shall -(A) make an initial partial payment to this
court equal to the greater of the following amounts:
(a) 20 % of the average monthly deposits
to

plaintiff's

account

for

the

6-month

period

immediately preceding the date the plaintiff filed his
notice of appeal; or
(b) 20 % of the average monthly balance in
the plaintiff's account for the aforementioned 6-month
period.
(B) make additional monthly payments of 20 %
of

each

preceding

month's

income

credited

to

the

plaintiff's account until the balance of the $ 505.00
fee is paid. These additional monthly payments shall be
deducted from plaintiff's prison account each time the
amount

in

this

account

exceeds

$

10.00

until

the

$ 505.00 filing fee is paid in full.
(3) Where
against

the

the

appellate

plaintiff

for

court
payment

enters
of

a

costs

judgment
at

the

conclusion of the appeal, including any unpaid portion
2

of

the

required

$

505.00

filing

fee,

those

persons

having custody of the plaintiff shall continue making
monthly payments to this court in accordance with the
installment

plan

outlined

in

¶

2(B)

until

the

full

of

the

amount of the ordered costs is paid.
To

aid

those

persons

having

custody

plaintiff in complying with the requirements of this
order, the clerk of this court is DIRECTED to furnish a
copy of this order to the inmate account clerk at the
institution
account

of

clerk

the
is

plaintiff’s

advised

that

confinement.
if

the

The

plaintiff

is

transferred to another prison or detention facility the
account

clerk

appropriate

shall

official

furnish
at

the

this

order

institution

to

the

where

the

plaintiff is transferred so that the custodial agency
can assume the duties of collecting and forwarding any
remaining monthly payments to this court.
The

plaintiff

is

advised

that

if,

before

the

$ 505.00 filing fee is paid in full, the appellate
court disposes of the appeal--by dismissing the appeal
3

for

lack

of

jurisdiction,

want

of

prosecution,

or

because it is frivolous, or by deciding the appeal on
the merits--the plaintiff remains obligated to pay the
full $ 505.00 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.
DONE, this the 3rd day of August, 2015.
___/s/ Myron H. Thompson____
UNITED STATES DISTRICT COURT