Santos v. Alabama Department of Corrections et al

Filing 52

ORDER ADOPTING 51 REPORT AND RECOMMENDATIONS re 50 to Deny MOTION for Leave to Appeal in forma pauperis filed by Nedolandez Santos. Signed by Judge Callie V. S. Granade on 6/30/11. (Copies to Appellant, Business Manager at Ventress, Commission of the ADOC as instructed, e-mailed to USCA.) (jal)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION NEDOLANDEZ SANTOS Plaintiff, : : vs. : ALABAMA DEPARTMENT OF CORRECTIONS, et al., CIVIL ACTION 11-0059-CG-M : : Defendants. ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that the plaintiff’s motion for permission to appeal in forma pauperis is hereby DENIED because the appeal is frivolous and not taken in good faith. Notwithstanding Plaintiff’s indigent status or the denial of permission to proceed on appeal in forma pauperis, becausePlaintiff is a prisoner, 28 U.S.C. § 1915 (as amended by thePrison Litigation Reform Act) requires payment of the full amount of the filing fee. After a review of Plaintiff’s prisoner account statement for the most recent twelve-month period (Doc. 50), the Court DIRECTS the Commissioner of the Alabama Department of Corrections or his designee to withdraw twenty percent of the preceding month’s income credited to the prisoner’s inmate account and to remit that amount to the District Court Clerk each time the amount in the account exceeds $10.00 until the total filing fee of $455.00 has been paid in full. These payments shall clearly identify Plaintiff’s name and the case number assigned to this action, and shall be paid by check made payable to “Clerk, U. S. District Court.” The Clerk is DIRECTED to send the Commissioner of the Alabama Department of Corrections and the business manager of the institution where Plaintiff is incarcerated a copy of this Order. DONE and ORDERED this 30th day of June, 2011. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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