Averhart v. Davenport

Filing 46

MEMORANDUM OPINION AND ORDER that the Magistrate Judge's Findings and Recommendation are ADOPTED as the Opinion of the Court. All claims of the Plaintiff are hereby DISMISSED WITH PREJUDICE. Signed by Judge Virginia Emerson Hopkins on 2/25/2014. (Attachments: # 1 Appeal Notice)(JLC)

FILED
2014 Feb-25 PM 04:46
U.S. DISTRICT COURT
N.D. OF ALABAMA

United States Court of Appeals
Eleventh Circuit
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley

In Replying Give Number
Of Case and Names of Parties

Clerk

NOTICE TO PRISONERS CONCERNING CIVIL APPEALS

The Prison Litigation Reform Act of 1995 (effective April 26, 1996) now REQUIRES
that all prisoners pay the Court’s $500 docket fee plus $5 filing fee (for a total of $505) when
appealing any civil judgment.
If you wish to appeal in a civil case that Act now requires that upon filing a notice of
appeal you either:
(1)

Pay the total $505 fee to the clerk of the district court from which this case arose;
or

(2)

arrange to have a prison official certify to the district court from which the appeal
arose the average monthly deposits and balances in your prison account for each
of the six months preceding the filing of a notice of appeal.

If you proceed with option (2) above, the Act requires that the district court order you to
pay an initial partial fee of at least 20% of the greater of either the average monthly deposits
or of the average monthly balances shown in your prison account. The remainder of the total
$505 fee will thereafter be deducted from your prison account each month that your account
balance exceeds $10. Each such monthly deduction shall equal 20% of all deposits to your
prison account during the previous month, until the total $505 fee is paid. (If your prison account
statement shows that you cannot pay even the required initial partial fee, your appeal may
nevertheless proceed, BUT THE TOTAL $505 FEE WILL BE ASSESSED AGAINST AND
WILL BE DEDUCTED FROM FUTURE DEPOSITS TO YOUR PRISON ACCOUNT.)
Fees are not refundable, regardless of outcome, and deductions from your prison account
will continue until the total $505 fee is collected, even if an appeal is unsuccessful.

John Ley
Clerk

PLRA Notice
Rev.: 12/13