KING v. HOUSTON COUNTY SHERIFFS OFFICE et al
Filing
13
ORDER granting 2 , 11 Motion for Leave to Proceed in forma pauperis; denying 3 , 12 Motion to Appoint Counsel. Plaintiff's motion to proceed IFP is granted and he is directed to pay an initial partial filing fee of $7.09 within twenty-one days. Plaintiff's motions for appointment of counsel are denied at this time. Ordered by US Magistrate Judge STEPHEN HYLES on 3/18/14. (AGH)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ISSAC KING, JR.,
Plaintiff,
VS.
HOUSTON COUNTY SHERIFF’S
OFFICE, Sheriff CULLEN TALTON,
WILLIAM H. RAPE, ALAN
EVERIDGE, and ALEX LUMPKIN,
Defendants.
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CIVIL NO. 5:14-CV-58-MTT-MSH
42 U.S.C. § 1983
ORDER
Plaintiff Issac King, Jr., presently confined at the Houston County Correctional
Facility in Perry, Georgia, filed a lawsuit pursuant to 42 U.S.C. § 1983, along with a
motion to proceed in forma pauperis. (Docs. 1, 2, 7, 11.) As it appears that Plaintiff is
unable to prepay the full cost of commencing this action, Plaintiff's motion to proceed in
forma pauperis is hereby GRANTED.
Plaintiff is nevertheless responsible for the full $350.00 filing fee, as provided in
28 U.S.C. § 1915(b)(1). Fees are not refundable, regardless of outcome. Plaintiff must
pay the entire $350.00 fee in installments, as will be directed in a future order, even if his
lawsuit is dismissed prior to service.
A review of Plaintiff’s Account Certification form reveals that as of February 13,
2014, Plaintiff had a monthly balance for the last six months of $35.43 in his trust
account. In accordance with section 1915(b)(1)(A), Plaintiff is hereby ORDERED to
pay an initial partial filing fee of $7.09 to the Clerk of this Court. Plaintiff shall have
TWENTY-ONE (21) DAYS from the date of this Order to pay the above initial partial
filing fee. Plaintiff will also be required to pay the remaining $342.91 of the filing fee
under the payment plan set forth 28 U.S.C. § 1915(b)(1). The Court’s filing fee is not
refundable, regardless of the outcome of Plaintiff’s case. If, in light of the information
provided herein, Plaintiff decides that he no longer wishes to go forward with this action,
he may so notify the Court in response to this Order and thereby avoid incurring this
Court’s $350 filing fee for which Plaintiff will otherwise be liable even if his claims are
dismissed prior to service.
Plaintiff’s pending motions for appointment of counsel (Doc. 3, 12) are DENIED
as premature. Plaintiff’s need for counsel cannot be properly evaluated until responsive
pleadings have been filed. However, if it later becomes apparent that counsel should be
appointed in this case, after due consideration of the complexity of the issues raised or
their novelty, Poole v. Lambert, 819 F.2d 1025 (11th Cir. 1987), the Court will entertain
a renewed motion.
Until then, Plaintiff’s request for court-appointed counsel is
DENIED.
There shall be no service of process in this case until further order. Once Plaintiff
has paid the partial fee, the Court will conduct a preliminary review of his Complaint as
required by 28 U.S.C. § 1915A.
SO ORDERED, this 18th day of March, 2014.
S/Stephen Hyles
UNITED STATES MAGISTRATE JUDGE
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