Trevino v. Woodberry County Jail et al

Filing 29

ORDER re 28 USCA Remand Order to Determine Plaintiff's In Forma Pauperis Status. Trevino is eligible to proceed on appeal in forma pauperis and I grant him leave to do so. Trevino is assessed an initial appellate partial fee of $5.00 wh ich he is directed to submit immediately to the clerk's office. See text of Order for more details. Signed by Judge Mark W Bennett on 6/8/15. (copy w/nef mailed to plaintiff and to Warden at Federal Correctional Facility, Fort Worth, TX) (djs)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION

RICHARD TREVINO,
Plaintiff,

No. C14-4051-MWB

vs.
WOODBURY COUNTY JAIL,
LIEUTENANT PHILLIPS and CARLOS
LNU,

ORDER REGARDING REMAND
ORDER TO DETERMINE
PLAINTIFF’S IN FORMA PAUPERIS
STATUS

Defendants.
____________________________
This case is before me on the Eighth Circuit Court of Appeals’s limited remand to
determine plaintiff Richard Trevino’s in forma pauperis status and to assess the appellate
filing fee (docket no. 28).

I previously granted Trevino in forma pauperis status.

Accordingly, Trevino is eligible to proceed on appeal in forma pauperis and I grant him
leave to do so. See FED. R. APP. P. 24. Pursuant to the procedure set forth by the Eighth
Circuit Court of Appeals in Henderson v. Norris, 129 F.3d 481, 484-85 (8th Cir. 1997),
Trevino is liable for the $505.00 appeal fees upon the filing of his notice of appeal.
Henderson, 129 F.3d at 484; see also 28 U.S.C. § 1914(b) (directing Clerk of Court to
collect “additional fees only as are prescribed by the Judicial Conference of the United
States”). Given the record, Trevino is assessed an initial appellate partial fee of $5.00,
which he is directed to submit immediately to the clerk’s office. See Henderson, 129 F.3d
at 484-85; see also 28 U.S.C. § 1915(b)(1). In addition, Trevino is directed to submit
monthly payments of 20 percent of the preceding month’s income credited to his inmate
account until the $505.00 appeal fees are paid in full. See 28 U.S.C. § 1915(b)(2). The
agency having custody of Trevino is directed to forward payments from his inmate account

to the clerk’s office each time the amount in the account exceeds $10.00. See 28 U.S.C.
§ 1915(b)(2). The clerk’s office is directed to send a copy of this order and the notice of
collection of filing fee to the appropriate official at the place where the plaintiff is an
inmate.
The clerk’s office is directed to forward this matter to the Eighth Circuit Court of
Appeals for further disposition.
IT IS SO ORDERED.
DATED this 8th day of June, 2015.
__________________________________
MARK W. BENNETT
U. S. DISTRICT COURT JUDGE
NORTHERN DISTRICT OF IOWA

2

TO:

WARDEN/ADMINISTRATOR
Federal Correctional Facility, Fort Worth, Texas
NOTICE OF COLLECTION OF FILING FEE
You are hereby given notice that Richard Trevino, #12259-029, an inmate at your

facility, has filed an appeal in the United States District Court for the Northern District of
Iowa: Trevino v. Woodbury County Jail et al., Case No. C14-4051-MWB. The United
States District Court for the Northern District of Iowa has assessed an initial partial filing
fee of $5.00, which the inmate must pay now to the clerk of court. See 28 U.S.C. §
1915(b)(1); see also Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997).
After payment of the initial partial filing fee, the prisoner shall
be required to make monthly payments of 20 percent of the
preceding month’s income credited to the prisoner’s account.
The agency having custody of the prisoner shall forward
payments from the prisoner’s account to the Clerk of Court
each time the amount in the account exceeds $10 until the
filing fees are paid.
28 U.S.C. § 1915(b)(2). If the inmate currently does not have sufficient funds to pay the
initial partial filing fee, you must monitor the account and send payments to the clerk’s
office according to the system provided in 28 U.S.C. § 1915(b)(2).
Please make the appropriate arrangements to have these fees deducted and sent to
the court as required under the statute.
/s/ djs, Deputy Clerk
_______________________
Robert L. Phelps
U.S. District Court Clerk
Northern District of Iowa