King v. Hooper et al
ORDER ADOPTING REPORT AND RECOMMENDATION; dismissing case for failing to state a claim upon relief can be granted; costs are taxed to the pla; Signed by Judge Inge P Johnson on 5/24/2012. (BST, )
2012 May-24 AM 10:36
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JERRY MICHAEL KING,
DR. HOOPER, et al.,
Case No. 5:11-cv-03920-IPJ-JEO
In accordance with the Memorandum of Opinion entered contemporaneously herewith and
with Rule 58, FED. R. CIV. P., it is hereby ORDERED, ADJUDGED, and DECREED that plaintiff's
claims in this action are dismissed for FAILING TO STATE A CLAIM UPON WHICH RELIEF
MAY BE GRANTED pursuant to 28 U.S.C. § 1915A(b). Plaintiff is hereby put on notice that the
dismissal of this action is a dismissal countable for purposes of 28 U.S.C. § 1915(g).
Costs are taxed to the plaintiff.
For information regarding the cost of appeal, see the attached notice.
DATED this 24th day of May 2012.
INGE PRYTZ JOHNSON
U.S. DISTRICT JUDGE
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
In Replying Give Number
Of Case and Names of Parties
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 $450 docket fee plus $5 filing fee (for a total of $455) 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
Pay the total $455 fee to the clerk of the district court from which this case arose; or
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 $455 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 $455 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 $455 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 $455 fee is collected, even if an appeal is unsuccessful.
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