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)

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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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