CHAUNCEY v. GILLS et al
ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying 5 Motion for Information. Plaintiff is ordered to pay the initial partial filing fee of $5.51 within twenty-one (21) days of the date of this Order. Ordered by US Magistrate Judge STEPHEN HYLES on 4-29-14 (mpm)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
WILLIAM M. CHAUNCEY.,
SARGENT GILLS, WARDEN
CALDWELL, and BRIAN OWENS,
CIVIL NO. 5:14-CV-133-MTT-MSH
PROCEEDINGS UNDER 42 U.S.C. § 1983
Plaintiff William M. Chauncey, presently confined at the Dodge State Prison in
Chester, Georgia, filed a lawsuit pursuant to 42 U.S.C. § 1983, along with a motion to
proceed in forma pauperis. (ECF Nos. 1, 2.) 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 he has had an
average monthly balance for the last six months of $27.56 in his trust account. In
accordance with section 1915(b)(1)(A), Plaintiff is hereby ORDERED to pay an initial
partial filing fee of $5.51 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 $344.49 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
Plaintiff’s pending Motion for Information (ECF No. 5) is DENIED at this time.
Plaintiff has sufficiently identified Defendant Sergeant Gills for service purposes. Should
it become apparent that more identifying information is needed in the future, the Court
will direct Defendant Gills to provide the necessary information at that time.
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 29th day of April, 2014.
/s/ Stephen Hyles
United States Magistrate Judge
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