Williams v. Stewart et al

Filing 142

ORDER re 140 USCA Judgment remanding to this Court the assessment and collection of the $455.00 appellate filing and docketing fees. The Director of the ADC shall collect from plaintiff's prison trust account the $455 filing and doc keting fees by collecting monthly payments from plaintiff's prison trust account until paid in full. The Clerk is directed to send a copy of this Order to the Warden of the Varner Unit, P.O. Box 600, Grady, AR 71644-0600; the ADC Trust Fund Centralized Banking Office, P.O. Box 8908, Pine Bluff, AR 71611, and the ADC Compliance Office, P.O. Box 20550, Pine Bluff, AR 71612-0550. Signed by Judge James M. Moody on 10/24/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HELENA DIVISION
DAVID WILLIAMS
ADC #78730
V.

PLAINTIFF

NO: 2:10CV00039 JMM

KATHY STEWART et al.

DEFENDANTS

ORDER
On August 26, 2011, the Eighth Circuit Court of Appeals affirmed the judgment of this
Court, granted Plaintiff leave to proceed in forma pauperis, and the full $455.00 appellate filing and
docketing fees against Plaintiff (docket entry #140). The Court of Appeals has remanded the
assessment and collection of the fees to this Court.
Based on financial information Plaintiff has supplied (docket entry #130), the Court will not
assess an initial partial filing fee. However, Plaintiff will be obligated to make monthly payments
in the amount of twenty percent (20%) of the preceding month’s income credited to Plaintiff’s trust
account each time the amount in the account exceeds $10.00. The Arkansas Department of
Correction (“ADC”) is required to send to the Clerk of the Court payments from Plaintiff’s prison
trust account each time the amount in the account exceeds $10.00, until the statutory filing and
docketing fees of $455.00 are paid in full. 28 U.S.C. § 1915(b)(2).
IT IS THEREFORE ORDERED THAT:
1.

The Director of the ADC, or his designee, or any future custodian, shall collect from

Plaintiff’s prison trust account the $455.00 filing and docketing fees by collecting monthly payments
from Plaintiff’s prison trust account in an amount equal to 20% of the preceding month’s income

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credited to the prisoner’s trust account, and forwarding payments to the Clerk of the Court each time
the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2). The
payments shall be clearly identified by the name and number assigned to this action.
2.

The Clerk of the Court is directed to send a copy of this order to: (1) the Warden of

the Varner Unit, P.O. Box 600, Grady, AR 71644-0600; (2) the ADC Trust Fund Centralized
Banking Office, Post Office Box 8908, Pine Bluff, Arkansas, 71611; and (3) the ADC Compliance
Office, P.O. Box 20550, Pine Bluff, Arkansas 71612-0550.
DATED this 24th day of October, 2011.

UNITED STATES DISTRICT JUDGE

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