Jones v. Arkansas Department of Correction et al

Filing 76

ORDER directing the Director of ADC to collect the $455 appellate filing fee from plaintiff's prison trust account and send payment to the clerk of the Court; directing the Clerk of the Court to send a copy of this Order to the Warden, Varner Super Max Unit, P.O. Box 400, Grady, AR 71644-0400 and to the ADC Trust Fund Centralized Banking and Compliance Offices. Signed by Judge Brian S. Miller on 2/24/10. (bkp)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LARRY WAYNE JONES, ADC #70147 v. CASE NO. 5:08cv00195 BSM DEFENDANTS ORDER On January 28, 2010, the Eighth Circuit Court of Appeals affirmed the judgment of this court, and granted plaintiff's motion for leave to proceed in forma pauperis [Doc. No. 74]. The court of appeals assessed the full $455 in appellate filing and docketing fees and remanded for the collection of the fees. Based on information contained in plaintiff's application for leave to proceed in forma pauperis on appeal [Doc. No. 68], the court will not assess an initial partial filing fee. Plaintiff, however, 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 are paid in full. 28 U.S.C. § 1915(b)(2). IT IS THEREFORE ORDERED THAT: 1. The Director of the ADC, his designee, or any future custodian, shall collect PLAINTIFF

ARKANSAS DEPARTMENT OF CORRECTION, et al.

the $455 filing and docketing fees from plaintiff's prison trust account by collecting from that account 20% of the preceding month's balance and sending payment to the clerk of court, all according to 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 Super Max Unit, P.O. Box 400 Grady, AR 71644-0400; (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 February, 2010.

UNITED STATES DISTRICT JUDGE

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