Merritte v. Templeton et al

Filing 34

WRITTEN Opinion entered by the Honorable Samuel Der-Yeghiayan on 7/29/2011: This Court hereby assess an initial partial filing fee for the appeal of the instant action as follows: The initial partial filing fee will be 20 percent of $73.13, whic h is $14.62. The trust fund officer at Merritte's place of confinement is ordered to collect the initial partial filing fee of $14.62 and, once the amount is collected, to immediately transfer the funds to the Clerk of the Court of the United States District Court for the Northern District of Illinois at 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor. The Clerk of this Court is directed to serve a copy of this order to the trust fund officer at Plaintiff's place of confinement. In addition, the Clerk of this court should notify this court when such amount is collected in order for this court in turn to notify the Seventh Circuit of the payment and comply with that court's order. (For further details see Written Opinion). Mailed notice. (et, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

Samuel Der-Yeghiayan

CASE NUMBER

10 C 5163

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

7/29/2011

Calvin L. Merritte ®-53322) vs. Thomas Templeton , et al.

DOCKET ENTRY TEXT

This Court hereby assess an initial partial filing fee for the appeal of the instant action as follows: The initial
partial filing fee will be 20 percent of $73.13, which is $14.62. The trust fund officer at Merritte’s place of
confinement is ordered to collect the initial partial filing fee of $14.62 and, once the amount is collected, to
immediately transfer the funds to the Clerk of the Court of the United States District Court for the Northern
District of Illinois at 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor. The
Clerk of this Court is directed to serve a copy of this order to the trust fund officer at Plaintiff’s place of
confinement . In addition, the Clerk of this court should notify this court when such amount is collected in
order for this court in turn to notify the Seventh Circuit of the payment and comply with that court’s order.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Pursuant to the Seventh Circuit’s order, this court will assess an initial partial filing fee for the appeal
of Plaintiff Calvin L. Merritte (Merritte) in this case. Pursuant to 28 U.S.C. § 1915, a “prisoner [that] brings
a civil action or files an appeal in forma pauperis, . . . shall be required to pay the full amount of a filing fee.”
28 U.S.C. § 1915. A court must “assess and, when funds exist, collect, as a partial payment of any court fees
required by law, an initial partial filing fee of 20 percent of the greater of–(A) the average monthly deposits
to the prisoner’s account; or (B) the average monthly balance in the prisoner’s account for the 6-month
period immediately preceding the filing of the complaint or notice of appeal.” Id. The prison trust account
statement most recently filed by Merritte indicates that between February 2010 and September 2010, the
average monthly deposit was $11.25 and the average balance was $73.13. Therefore, the initial partial filing
fee will be 20 percent of $73.13, which is $14.62.
The trust fund officer at Merritte’s place of confinement is ordered to collect the initial partial filing
fee of $14.62 and, once the amount is collected, to immediately transfer the funds to the Clerk of the Court of

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STATEMENT
the United States District Court for the Northern District of Illinois at 219 S. Dearborn St., Chicago, Illinois
60604, attn: Cashier’s Desk, 20th Floor. The Clerk of this court is directed to serve or forward a copy of this
order to the trust fund officer at Merritte’s place of confinement . In addition, the Clerk of this court should
notify this court when such amount is collected in order for this court in turn to notify the Seventh Circuit of
the payment and comply with that court’s order.
After payment of the initial partial filing fee, the trust fund officer at Merritte’s place of confinement
is directed to collect monthly payments from Merritte’s trust fund account in an amount equal to 20% of the
preceding month’s income credited to the account. Monthly payments collected from Merritte’s trust fund
account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the
full $350 is paid. All payments shall be sent to the Clerk of the Court of the United States District Court for
the Northern District of Illinois at 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th
Floor, and shall clearly identify Merritte’s name and case number assigned to this action. The trust fund
officer at Merritte’s place of confinement shall notify transferee authorities of any outstanding balance in the
event Merritte is transferred from the jail to another correctional facility.

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