Nolen v. Johnson et al (INMATE2)

Filing 3

ORDER granting 2 Affidavit for Leave to Proceed in forma pauperis; directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk @ Randolph County Jail. Signed by Judge Susan Russ Walker on 9/1/2005. (cc, )

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Nolen v. Johnson et al (INMATE2) Doc. 3 Case 3:05-cv-00807-MEF-SRW Document 3 Filed 09/01/2005 Page 1 of 4 IN THE UNITED STATES DISTRICT COURT FOR THE M IDDLE DISTRICT OF ALABAM A EAST ERN DIVISION ____________________________ JAM ES HERBERT NOLEN, JR. Plaint iff, v. SHIRLEY JOHNSON, et al., Defendant s. _______________________________ * * * CIVIL ACTION NO. 3:05-CV-807-F (WO) * * O RDER ON MOTION Up on consideration of Plaintiff's motion for leave t o p r o ceed in forma pauperis (Doc. No. 2), it is ORDERED that the motion is GRANTED.1 Upon review of the financial information provided to the court , it is clear that Plaint iff lacks the neces s ary funds in his prison account to pay either the requisite filing fee or an initial partial filing fee. However, under the provisions of 28 U.S.C. 1915, Plaint iff is required to pay the $250.00 filing fee applicable to the filing of a civil action in t his court. Specifically, 28 U . S. C . 1915(b)(1) requires that this court "assess and, when funds exist, collect" the $250.00 filing fee from all monies available to Plaintiff. At t ached to this order is a notice explaining the requisite procedures for filing civil act ions in forma pauperis under 28 U.S.C. 1915. 1 Dockets.Justia.com Case 3:05-cv-00807-MEF-SRW Document 3 Filed 09/01/2005 Page 2 of 4 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. Plaintiff shall make monthly payments of 20 percent of t h e monies credited to and/or maintained in his prison account as payments towards the $250.00 filing fee; 2. Those persons having custody of Plaintiff shall forward the above described p ay ment s from Plaintiff's account to the clerk of this court each t i m e t h e amount in Plaint iff's account exceeds $10.00 until the $250.00 filing fee is paid in full; and 3. To aid Plaintiff and those persons having cus t o d y of him in complying with the requirement s of this order, the Clerk of Court IS DIRECT E D t o furnish a copy of this order t o Plaintiff and the inmate account clerk at the Randolph County Jail.2 DONE, this 1st day of September, 2005. /s/ Susan Russ Walker SUSAN RUSS WALKER UNIT ED STATES M AGIST RAT E JUDGE P laintiff is advised that if this case is dismissed for any reason he remains obligated to pay the $250.00 filing fee. The filing fee will be collected from any funds which become available to P laintiff and will be forwarded to this court by those persons having custody of Plaintiff pursuant to the directives contained in this order. 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 $255.00. Thus, if at the time Plaintiff files a notice of appeal he has the necessary funds to pay the $255.00 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. 2 2 Case 3:05-cv-00807-MEF-SRW Document 3 Filed 09/01/2005 Page 3 of 4 NOTICE INFORM AT ION TO PRISONERS SEEKING LEAVE TO PROCEED IN FORMA PAUPERIS PURSUANT TO 28 U.S.C. 1915 IN CIVIL ACTIONS BEFORE ANY FEDERAL COURT In accordance with 1996 amendments to the in forma pauperis (IFP) statute gove rni ng civil actions in federal court, as a prisoner you will be obligated to pay the full fi l i ng fee of $250.00 for a civil action. If you later file an appeal, the filing fe e for the appe al is $255.00 and you will likewise be responsible for payment of such fee. Thus, if at the time you file your action you have the funds available to pay the requisite filing fee, you must send such amount to the court with your complaint or notice of appeal and, if appropri ate , your IFP application. If you do not have enough money t o p a y the full filing fee when your action is filed, y ou can file t h e act i o n without prepayment of the filing fee. However, the court will assess and, when funds exist, collect an initial partial filing fee. The initial partial filing fee will be equal to 20 percent of the average monthly deposits to y o u r p r i son or jail account for the s ix months immediately preceding the filing of the lawsuit, or 20 percent of the average mont hly balance in your prison or jail account for that same six month period, whichever is greater. The court will order that you make the initial partial filing fee out of your prison or jail account or any ot h e r funds you have indicated are available to you. If you fail to submi t the initial partial filing fee, your case will be dismissed and the full amount of the fi l i ng fee will be collected from those persons having custody of you. Aft er the initial partial filing fee has been paid, you will be responsible for paying t he balance of the filing fee. To fulfill your obligation for p a y m e n t of the full filing fee, each mont h you will owe 20 percent of 1your preceding month's income t o w a r d the balance on t he filing fee. Pursuant to an order of the court , t h e agency that has custody of you will collect that money and s e nd payments to the court any time the amount in the account exceeds $10.00. You are advised that the balance of the filing fee will be collected even if t h e action is subsequently dismissed for any reason, summary judgment is grante d agai nst you, or you fail to prevail at trial. In order to proceed with an action or appeal in for m a pauperis you must complete t he affidavit in support of your request to proceed in forma pauperis and supply the court wit h a cert i f i ed copy of your prisoner account statement for the 6-month period preceding t he filing of the complaint or notice of appeal and return it to the court with your cause of act i o n . If you submit an incomplete form or do not submit a prison or jail account st at ement with the form, your request to proceed in forma pauperis will be denied. Case 3:05-cv-00807-MEF-SRW Document 3 Filed 09/01/2005 Page 4 of 4 Regardless of whether some or all of the filing fee has been paid, the court is re qui re d to screen your complaint and to dismiss the complaint if (1) your allegation of pove rty is untru e ; (2) the action is frivolous or malicious; (3) your complaint does not state a claim on which relief can be grante d; or (4) you sue a defendant for money damage s and that defendant is immune from liability for money damages. If on three or more occasions you have filed actions or appeals while a prisoner whi ch were di s mi sse d as frivolous or malicious or for failure to state a claim on which re l i e f can be granted, then you will be prohibited from bringing any other actions in forma pauperis unless you are in imminent danger of s e r i o us physical injury. In such case 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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