Height v. Olens et al
Filing
11
ORDER granting 2 MOTION for Leave to Proceed in forma pauperis filed by Marvin Lee Height ( Compliance due by 9/7/2016.) Plaintiff must return both the Prisoner Trust Account Statement and the Consent to Collection of Fees to the Clerk within 30 days. Signed by Magistrate Judge G. R. Smith on 8/8/16. (wwp)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MARVIN LEE HEIGHT,
Plaintiff,
v.
Case No. CV416-032
SAM OLENS et al.,
Defendants.
ORDER
After the Court recommended dismissing his 42 U.S.C. § 1983
complaint as an unauthorized second or successive 28 U.S.C. § 2254
petition (doc. 3), Marvin Height objected, pointing out (correctly) that
claims like his 1 are actionable under § 1983. Doc. 8 at 4 (citing Grayson
v. King , 460 F.3d 1328 (11th Cir. 2006)). The Court accordingly vacated
its dismissal recommendation and indicated it would review the merits of
his claims at a later time. Doc. 9. But it neglected to address Height’s in
forma pauperis (IFP) motion, which it denied as moot in the original
recommendation. Doc. 3 at 1 n. 1.
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Height seeks to have DNA comparison testing performed. Doc. 8 at 2. That, he
says, will “exclude him as the perpetrator of th[e] heinous crime” (murder) for which
he stands convicted. Id.
Height’s application demonstrates indigency, so the Court
GRANTS him leave to proceed IFP. He is hereby advised that the
procedures for filing and litigating prisoner civil rights suits in federal
court were significantly changed by the Prison Litigation Reform Act
(PLRA). PLRA requires all prisoners, even those who are allowed to
proceed IFP, to pay the full filing fee of $350.00. 28 U.S.C. § 1915(b)(1).
Prisoner litigants allowed to proceed IFP must pay an initial partial
filing fee of 20 percent of the greater of the average monthly deposits to,
or average monthly balance in, the prisoner's account for the 6-month
period immediately preceding the filing of the complaint. Prison officials
are then required to collect the balance of the filing fee by deducting 20
percent of the preceding month's income credited to the prisoner's
account. 28 U.S.C. § 1915(b)(2). This payment shall be forwarded to the
Clerk of Court "each time the amount in plaintiff's account exceeds $10
until the full filing fees are paid." Id. The entire filing fee must be paid
even if the suit is dismissed at the outset because it is frivolous,
malicious, fails to state a claim, or seeks monetary damages against a
defendant who is immune from such relief.
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IT IS HEREBY ORDERED THAT:
(1)
Plaintiff must furnish the enclosed Prisoner Trust Fund
Account Statement to the trust (financial) officer of each prison where
he has been confined for the past six months. The trust officer will
complete and sign the form and return the form and supporting
documents to plaintiff for submission to the Court. Two copies of the
form are enclosed for this purpose.
(2)
Plaintiff must sign and date the enclosed
Consent to
Collection of Fees from Trust Account . By signing this form, he
gives his consent to the collection of the entire filing fee from his prison
account in installments, in accordance with the PLRA’s provisions.
(3)
Plaintiff must return both the Prisoner Trust Account
Statement and the Consent to Collection of Fees from Trust
Account to the Clerk within thirty days of this Order.
Once plaintiff has complied with the conditions of this Order, the
Court will review the Complaint to determine which, if any, claims are
viable and which, if any, defendants should be served. If no response is
timely received from plaintiff, the Court will presume that he desires to
3
have this case voluntarily dismissed and will dismiss this action without
prejudice.
SO ORDERED , this 8th day of August, 2016.
LTh11ED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA
4
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MARVIN LEE HEIGHT,
Plaintiff,
v.
Case No. CV416-032
SAM OLENS et al.,
Defendants.
PRISONER TRUST FUND ACCOUNT STATEMENT
Under the Prison Litigation Reform Act, a prisoner seeking to bring a civil action
without prepayment of fees must obtain from the appropriate prison official a certified
copy of the prisoner s trust account statement for the six-month period immediately
preceding the filing of the complaint. The plaintiff in this case has been instructed by the
Court to furnish this form to the trust officer of each institution where he has been
confined for the last six months.
'
Please complete this form, attach the supporting ledger sheets, and return these
documents to the prisoner for mailing to the Court.
January 27 2016
DATE OF FILING COMPLAINT:
(to be completed by t he clerk)
AVERAGE MONTHLY DEPOSITS during the six
months prior to filing of the complaint :
AVERAGE MONTHLY BALANCE during the six
months prior to filing of the complaint:
I certify that the above information accurately states the deposits and balances in the
plaintiff s trust account for the period shown and that the attached ledger sheets are true
copies of the account records maintained by this institution.
'
Signature of Authorized Officer of Institution
Date
Print or Type Name
5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MARVIN LEE HEIGHT,
Plaintiff,
v.
Case No. CV416-032
SAM OLENS et al.,
Defendants.
PRISONER TRUST FUND ACCOUNT STATEMENT
Under the Prison Litigation Reform Act, a prisoner seeking to bring a civil action
without prepayment of fees must obtain from the appropriate prison official a certified
copy of the prisoner s trust account statement for the six-month period immediately
preceding the filing of the complaint. The plaintiff in this case has been instructed by the
Court to furnish this form to the trust officer of each institution where he has been
confined for the last six months.
'
Please complete this form, attach the supporting ledger sheets, and return these
documents to the prisoner for mailing to the Court.
January 27 2016
DATE OF FILING COMPLAINT:
(to be completed by t he clerk)
AVERAGE MONTHLY DEPOSITS during the six
months prior to filing of the complaint :
AVERAGE MONTHLY BALANCE during the six
months prior to filing of the complaint:
I certify that the above information accurately states the deposits and balances in the
plaintiff s trust account for the period shown and that the attached ledger sheets are true
copies of the account records maintained by this institution.
'
Signature of Authorized Officer of Institution
Date
Print or Type Name
6
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MARVIN LEE HEIGHT,
Plaintiff,
v.
Case No. CV416-032
SAM OLENS et al.,
Defendants.
CONSENT TO COLLECTION OF FEES FROM TRUST ACCOUNT
As a condition to proceeding with this lawsuit, I hereby consent for the
appropriate prison officials to withhold from my prison account and pay to the
Court an initial partial filing fee equal to 20 percent of the greater of
(a)
(b)
the average monthly deposits to my account, or
the average monthly balance in my account
for the six-month period immediately preceding the filing of my complaint. I
understand that I may not withdraw any monies from my account until this
initial payment has been paid.
After the payment of any initial partial filing fee, I further consent for the
appropriate prison officials to collect from my account on a continuing basis
each month an amount equal to 20 percent of all deposits credited to my
account. Each time the set aside amount reaches $10.00, the trust officer shall
forward the payment to the Clerk s office, United States District Court, P.O.
Box 8286, Savannah, Georgia, until such time as the $350.00 filing fee is paid in
full.
'
By executing this document, I also authorize collection on a continuing
basis of any additional costs which may be imposed by the Court.
Date:
Plaintiff’s Signature:
Plaintiff s Prison No:
'
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