McCurdy v. Bender et al

Filing 5

MEMORANDUM OPINIONSigned by Judge Abdul K Kallon on 05/24/13. (CVA)

FILED
2013 May-24 AM 08:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
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SANTOS NAZZARRA
MCCURDY,
Plaintiff,
vs.
ROXANNA BENDER, et al.,
Defendants.

Civil Action Number
7:12-cv-3001-AKK-HGD

MEMORANDUM OPINION
On April 25, 2013, the magistrate judge entered a report and
recommendation. Doc. 4. The parties were allowed to file objections to the
recommendations up until May 10, 2013. See id. Neither party has filed any
objections.
After careful consideration of the record in this case and the magistrate
judge’s report and recommendation, the court hereby ADOPTS the report of the
magistrate judge. The court further ACCEPTS the recommendation of the
magistrate judge that this action be dismissed as failing to state a claim upon
which relief may be granted pursuant to 28 U.S.C. § 1915. Doc. 4.
DONE the 24th day of May, 2013.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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

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 you either:
(1)

Pay the total $455 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 $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.

John Ley
Clerk

PLRA Notice