Dudley v. Corizon Medical Services et al (INMATE 2)
ORDER directing payment of initial partial filing fee of $46.40 be paid on or before May 22, 2015; 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 Staton Correctional Facility. Signed by Honorable Judge Wallace Capel, Jr on 5/1/2015. (kh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
JOHN PATRICK DUDLEY, #220 840,
CORIZON MEDICAL SERVICES, et al.,
CIVIL ACTION NO. 2:15-CV-287-MHT
ORDER ON MOTION
Plaintiff, a state inmate, filed an affidavit in support of a request for leave to proceed in
forma pauperis before this court. Doc. No. 2. 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. However, where an inmate lacks the
funds necessary to pay the entire filing fee upon initiation of the civil action or appeal and has
money available to him, the court shall assess and collect an initial partial filing fee.
An inmate account clerk filed a certificate which indicates the balance in Plaintiff's prison
account at the time the instant complaint was filed and provides the court with information
necessary to determine the average monthly balance of Plaintiff's prison account and the average
monthly deposits to such account for the six month period preceding the filing of this complaint.
A review of this information reveals that Plaintiff lacks the funds necessary to pay the $350.00
filing fee. The documents further establish that for the six month period immediately preceding
the filing of the instant complaint the average monthly deposits to Plaintiff's prison account were
$232.00. Such amount was greater than the average monthly balance in Plaintiff's account
($20.53). Thus, in accordance with the provisions of 28 U.S.C. § 1915(b)(1)(A), Plaintiff is
required to pay an initial partial filing fee of $46.40 (20 percent of the average monthly deposits
to Plaintiff's account).
Accordingly, it is
ORDERED that on or before May 22, 2015, Plaintiff shall forward to the Clerk of this
Court the sum of $46.40 as an initial partial filing fee. Plaintiff is hereby advised that it is his
responsibility to submit the appropriate paperwork to the prison account clerk for transmission of
his funds to this court for payment of the initial partial filing fee. If the funds have been
dispersed from Plaintiff's prison account and are not now available to him, Plaintiff must make
arrangements for payment of the requisite filing fee.
In accordance with the provisions of 28 U.S.C. § 1915(b)(2), it is hereby
1. Plaintiff shall make monthly payments of 20 percent of each preceding month's
income and/or funds credited to his account as payments towards the $350.00 filing fee.
2. Those persons having custody of Plaintiff shall forward the above described payments
from Plaintiff's account to the Clerk of this court each time the amount in Plaintiff's account
exceeds $10.00 until the $350.00 filing fee is paid in full.
To aid Plaintiff and those persons having custody of Plaintiff in complying with the
requirements of this order, the Clerk is DIRECTED to furnish a copy of this order to the account
clerk at the Staton Correctional Facility.
It is further
ORDERED that except to the extent that payment is required under this order Plaintiff's
motion for leave to proceed in forma pauperis (Doc. No. 2) is hereby GRANTED.
Plaintiff is cautioned that if he fails to pay the initial partial filing fee in compliance with
this order the Magistrate Judge will recommend that his case be dismissed and such dismissal
will not be reconsidered unless exceptional circumstances exist. Plaintiff is advised that if he is
unable to procure the initial partial filing fee within the time allowed by this court he must
inform the court of such inability and request an extension of time within which to file the fee.
Plaintiff is further advised that if this case is dismissed for failure to pay the initial partial filing
fee or for any other reason he remains obligated to pay the $350.00 filing fee. The filing fee will
be collected from any funds which become available to Plaintiff and will be forwarded to this
court by those persons having custody of Plaintiff pursuant to the directives contained in this
order. Moreover, Plaintiff is hereby informed that notwithstanding payment of the initial partial
filing fee this court will dismiss this case prior to service of process if the court determines that
the action is frivolous, malicious, fails to state a claim upon which relief may be granted, or
seeks monetary relief from a defendant who is immune from such relief in accordance with the
provisions of 28 U.S.C. § 1915(e)(2)(B)(i), (ii) and (iii).
Additionally, 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 $505.00. Thus, if at the time
Plaintiff files a notice of appeal he has the necessary funds to pay the $505.00 filing fee, he must
submit such amount to the court with the notice of appeal. If the requisite funds are not available
and 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, 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 having custody of him from funds available in his prison
account in a manner similar to that outlined in this order.
Done, this 1st day of May 2015.
/s/ Wallace Capel, Jr.___________
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE
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