ALLEN v. MCDONOUGH et al

Filing 147

ORDER granting 145 Motion for Reconsideration and directing Clerk to serve Order Custodian of Inmate Accounts, Northwest Florida Reception Center and finding as moot 146 Motion for Leave to Proceed in forma pauperis, both filed by DERRICK ALLEN; signed by MAGISTRATE JUDGE GARY R JONES on 12/22/11. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
DERRICK ALLEN,
Plaintiff,
v.

CASE NO. 4:07-cv-469-RH-GRJ

JAMES R. MCDONOUGH, et al,
Defendants.
_____________________________/
ORDER
The Court granted summary judgment in favor of Defendants and dismissed the
complaint with prejudice. Docs. 132, 133, 135. Plaintiff appealed and was granted
leave to proceed as a pauper. Doc. 142. The district judge referred the matter to the
undersigned to enter an order under 28 U.S.C. § 1915 setting an initial filing fee, if
appropriate, and periodic payments. On November 28, 2011, the Court ordered
Plaintiff to pay an initial partial filing fee of $0.95 (ninety-five cents). This case is now
before the Court on Doc. 145, Plaintiff’s motion for reconsideration of the order directing
him to pay an initial partial filing fee, and Doc. 146, Plaintiff’s second motion for leave to
proceed as a pauper.
Plaintiff’s motion for reconsideration is supported by his prisoner consent and
financial certificate, including a copy of his prison account statement for the six months
preceding the filing of the appeal. See Doc. 145. Plaintiff’s account statement reflects
that he does not have sufficient funds to pay an initial partial filing fee. Accordingly, it is
ORDERED AND ADJUDGED:
Plaintiff’s motion for reconsideration, Doc. 145, is GRANTED. Plaintiff does not

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have sufficient funds to pay an initial partial filing fee, however the full $455.00 filing fee
is assessed pursuant to 28 U.S.C § 1915(b)(2). As funds become available in Plaintiff's
prison account, he shall be required to make monthly payments of twenty percent of the
preceding month's income (that is, all funds deposited into the account) credited to the
account.
Upon receipt of this Order, the agency having custody of Plaintiff shall forward
payments from Plaintiff's account on a monthly basis to the Clerk of Court each time the
amount in the account exceeds $10.00. A check from a penal institution, a cashier's
check, or a money order should be made payable to "Clerk, U.S. District Court." The
following information shall either be included on the face of the payment or attached
thereto: (1) the full name of the prisoner; (2) the prisoner's inmate number (M26909)
and, (3) USCA Appeal Number 11-14877-E, Northern District of Florida Case Number
4:07-cv-469-RH-GRJ. Checks or money orders which do not have this information will
be subject to return. These payments shall continue until the filing fee of $455.00 is
paid in full. The Clerk shall serve this Order upon the parties and upon the Custodian
of Inmate Accounts, Northwest Florida Reception Center, 4455 Sam Mitchell Drive,
Chipley, FL 32428-3501.
Plaintiff is warned that he is ultimately responsible for payment of the filing fee if
the agency having custody over him lapses in its duty to make payments on his behalf.
Thus, in case of transfer, Plaintiff should ensure that any new institution is advised of
Plaintiff’s payment obligations. Plaintiff should retain a copy of this Order for that
purpose.

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Because Plaintiff has been granted leave to proceed as a pauper, his second
motion for IFP status, Doc. 146, is MOOT.
DONE AND ORDERED this 22nd day of December 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge