Hunter v. Abbott et al
Filing
6
ORDER vacating the 3 Order on Motion for Leave to Proceed in forma pauperis and directs Hunter to either pay the full $350.00 filing fee, or submit a new consent form. The Plaintiff's failure to do so within 21 days will result in the dismissal of the case. Signed by Magistrate Judge G. R. Smith on 4/11/13. (wwp)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MICHAEL P. HUNTER,
Plaintiff,
Case No. CV413-035
V.
JUDGE LOUISA ABBOTT,
Defendant.
ORDER
In this inmate civil rights case the Court granted plaintiff Michael
P. Hunter in forma pauperis (IFP) status, doe. 3, conditioned on his
written consent to pay from his inmate account "an initial partial filing
fee equal to 20 percent of the greater of (a) the average monthly deposits
to my account, or (b) the average monthly balance in my account." Doe.
4 at 1 (emphasis added). Hunter circled option (b), then signed his name
to the Consent Form. Id. He then furnished a statement of his prison
account and one can see why he limited his consent to option (b): the
average monthly balance has been only $103.66, while the average
monthly deposits (option (a)) has been $622.00. Doe. 5.
Hence, Hunter does not want the Court to exact 20% of the higher
($622) number. Since he does not consent, the Court VACATES its
conditional IFP grant and directs Hunter either (1) to pay the full $350
filing fee, or (2) submit a new Consent Form that does not contain any
limitation on the calculation of his initial partial filing fee. His failure to
do so within 21 days will result in the dismissal of his case.
SO ORDERED this //1ay of April, 2013.
'UNiTIffl)(ISTATTES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
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