Powell v. Correct Care Solutions et al

Filing 7

MEMORANDUM OPINION AND ORDER: (1) Powell's 3 Motion for Leave to Proceed in forma pauperis is GRANTED. (2) The $50 administrative fee is WAIVED. 28 U.S.C. § 1915 requires that Powell pay the $350 filing fee. (3) Within 28 days, Powell MUST PAY $6.23 to the Clerk as an initial partial filing fee. (4) Clerk shall open an account in Powell's name for receipt of the filing fee. Clerk shall complete Notice of Payment Form (EDKy 525). Clerk shall send a copy of this Ord er and the Notice of Payment Form to the Jailer/Warden of the institution as well as the Office of the General Counsel for the Dept of Corrections in Frankfort, KY. (5) Each month, Powell's custodian shall send the Clerk a payment in an amount e qual to 20% of Powell's income for the preceding month out of his inmate trust fund account, but only if the amount in the acct exceeds $10. Custodian shall then continue monthly payments until the entire $350 is paid. (6) Powell& #039;s 5 Motion to Appoint Counsel is DENIED. (7) Powell's Eighth Amendment claims are DISMISSED, with prejudice. (8) Powell's state law negligence claims are DISMISSED, without prejudice. (9) This action is DISMISSED and STRICKEN from the Court's docket. (10) A corresponding judgment will be entered this date. Signed by Judge Karen K. Caldwell on October 17, 2017. (Attachments: # 1 EDKy 525) (AWD)cc: Pla via US Mail,F,Jailer/Warden,Office of General Counsel

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OEDKy 525 (Rev. 07/08) Notice of Payment Due For Filing Fee UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY Central DIVISION at Lexington NOTICE OF PAYMENT DUE FOR FILING FEE The attached Order has been entered directing the prisoner named below to pay a filing fee to the U.S. District Court Clerk as provided by 28 U.S.C. §1915(b). Initial Partial Filing Fee: The custodian of the prisoner shall deduct and pay an initial partial filing fee as directed in the Order. Balance of Filing Fee: After the initial partial filing fee is paid, the custodian shall make monthly deductions of 20 percent of the preceding month's income credited to the prisoner's account. Whenever the balance of the account exceeds ten dollars ($10), the custodian shall forward payments from the prisoner's account to the clerk until the full filing fee is paid, see 28 U.S.C. §1915(b)(2). Complete the form below and return it and the payment to: U.S. District Court 101 Barr Street Lexington KY 40507 E Detach this portion and return with payment Federal Case No. Name of Prisoner James Powell Inmate # 231425 5:17-CV-397-KKC Amount enclosed: $_____________________________ (Include Federal Case No. on Check.) The enclosed check is remitted pursuant to 28 U.S.C. §1915(b) on behalf of the prisoner for the payment of the filing fees in the above case number. ______________________________________________ Name of Custodial Facility Authorized Official: _____________________________ Make copies of this portion and submit with future payments.

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