Vornes v. Ellis et al

Filing 14

ORDER assessing an initial partial filing fee of $35 and directing the Mississippi County Sherriff or his designee to collect the amount from Plaintiff's prison trust account and forward it to the Clerk of the Court. Thereafter, the Sheriff or his designee shall collect the remaining $420 balance in monthly payments of an amount equal to twenty percent from Plaintiff's prison trust account each time the amount in the account exceeds $10. The Clerk if the Court is directed to send a copy of this Order to the Mississippi County Sheriff. Signed by Judge Susan Webber Wright on 03/06/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
TERRICK A. VORNES
ADC #112874
V.

PLAINTIFF

NO: 3:10CV00240 SWW

CHRIS ELLIS et al.

DEFENDANTS
ORDER

On February 23, 2011, Plaintiff filed a notice of appeal, appealing the dismissal of his
complaint (docket entry #11). Plaintiff has not paid the $455.00 appellate filing and docketing fees,
or filed an application for leave to appeal in forma pauperis.
Therefore, pursuant to Henderson v. Norris, 129 F.3d 481 (8th Cir. 1997), this Court will
assess an initial partial filing fee of $35.00. Upon payment of that initial partial filing fee, 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 Mississippi County Sheriff is required to send to the Clerk of the Court the initial
partial filing fee and thereafter 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 Mississippi County Sheriff, or his designee, shall collect from Plaintiff’s prison

trust account an initial partial appellate filing fee in the amount of $35.00, and shall forward the
amount to the Clerk of the Court. Said payment shall be clearly identified by the name and number
assigned to this action.
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2.

Thereafter, the Mississippi County Sheriff, or his designee, shall collect from

Plaintiff’s prison trust account the $420.00 balance of the appellate 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 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.
3.

The Clerk of the Court is directed to send a copy of this order to the Mississippi

County Sheriff, 685 NCR 599, Luxora, AR 72358.
DATED this 6th day of March, 2013.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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