Rodriguez-Carreras v. Kansas, State of et al
MEMORANDUM AND ORDER denying 3 Motion for Transfer. Plaintiff shall submit an initial partial filing fee of $3.50 by 10/3/11. Any objection to order must be filed by date of payment. Failure to file a timely response may result in dismissal of this action without prejudice and without additional prior notice to plaintiff. Clerk of Court to supply plaintiff with copy of financial records considered by the court. Signed by Senior District Judge Sam A. Crow on 9/1/2011. Mailed to pro se party Robert E. Rodriguez-Carreras at Larned Correctional Mental Health Facility by regular mail (mb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ROBERT E. RODRIGUEZ-CARRERAS,
STATE OF KANSAS, et al.,
MEMORANDUM AND ORDER
This matter is a civil rights action filed pursuant to 42
U.S.C. § 1983.
Plaintiff has filed a motion for leave to
proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Doc. 2)
and a motion for transfer (Doc. 3).
Plaintiff’s motion to proceed in forma pauperis is governed
by 28 U.S.C. § 1915(b).
Pursuant to 28 U.S.C. § 1915(b)(1), the
court must assess as an initial partial filing fee twenty
percent of the greater of the average monthly deposits or
average monthly balance in the prisoner's account for the six
months immediately preceding the date of filing of a civil
In support of his motion, plaintiff provides certified
financial records from his institutional account for the six
months preceding the date of filing of this action.
Having examined the records, the court finds the average
average monthly balance is $4.91.
The court therefore assesses
an initial partial filing fee of $3.50, twenty percent of the
average monthly deposit, rounded to the lower half dollar.1
Plaintiff’s motion for transfer is difficult to interpret.
To the extent he may seek information concerning the receipt and
accuracy of his financial records, his records are before the
court, and the court will direct the clerk of the court to
supply a copy of the financial report to him.
To the extent the motion may be construed to request a
transfer to another facility or housing area2, the court finds
no basis to grant such relief.
It is settled that a prisoner
has no constitutional right to be incarcerated in a particular
Olim v. Wakinekona, 461 U.S. 238, 245
(1983). Rather, decisions concerning an inmate’s classification
and housing are matters within the discretion and expertise of
Plaintiff’s payments will continue until he satisfies the
$350.00 filing fee in this action. These payments will be
made in installments calculated pursuant to 28 U.S.C.
The motion reads, in part: “please my ask I the court for
transfer I one unity police....” (Doc. 3).
implicate an interest protected by the Due Process Clause.
Trujillo v. Williams, 465 F.3d 1210, 1225 (10th Cir. 2006)
(discussing classification of a plaintiff into segregation).
addressed to prison officials in the first instance.
does not present any extraordinary circumstances that might
warrant the intervention of this court, and his motion for
transfer will be denied.
IT IS, THEREFORE, BY THE COURT ORDERED that on or before
October 3, 2011, plaintiff shall submit an initial partial
filing fee of $3.50.
Any objection to this order must be filed
on or before the date payment is due.
The failure to file a
timely response may result in the dismissal of this action
without prejudice and without additional prior notice to the
IT IS FURTHER ORDERED the clerk of the court shall supply
plaintiff with a copy of the financial records considered by the
court (Doc. 4).
IT IS FURTHER ORDERED plaintiff’s motion for transfer (Doc.
3) is denied.
A copy of this order shall be transmitted to the plaintiff.
IT IS SO ORDERED.
This 1st day of September, 2011, at Topeka, Kansas.
S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge
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