Barnett v. Laurel County, Kentucky et al

Filing 5

MEMORANDUM OPINION & ORDER: 1. Pla Robert Herald Barnett's motion to proceed in forma pauperis [R. 2 ] is GRANTED; 2. By 5/27/16, Barnett must pay $36.67 to the Clerk as an initial partial filing fee; 3. The Clerk shall open an account in Barnett's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) with (a) Barnett's name, (b) his inmate reg number, and (c) this case number. The Clerk shall serve a copy of this Order and the Notice of Payment Form upon the Warden of the institution in which Barnett is currently confined; 4. After the initial partial filing fee is paid, each month Barnetts custodian shall send the Clerk a payment in an amount equal to (20%) of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is pa id. 5. Barnett's complaint [R. 1 ] is DISMISSED; 6. The Court will enter an appropriate judgment contemporaneously herewith; and 7. This matter is STRICKEN from the Court's active docket. Signed by Judge Gregory F. VanTatenhove on 05/03/2016. (Attachments: # 1 Form EDKy 525)(KJA)cc: COR, mailed copy of Order and EDKy Form 525 to pro se filer and Warden Beckley FCI

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OEDKy 525 (Rev. 07/08) Notice of Payment Due For Filing Fee UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY Southern DIVISION at London 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: Clerk, U.S. District Court 101 Barr Street Lexington, KY 40507 E Detach this portion and return with payment Federal Case No. Name of Prisoner Robert Herald Barnett Inmate # 6:16-cv-66-GFVT 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. 12989-032 ______________________________________________ Name of Custodial Facility Clerk, U.S. District Court 101 Barr Street Lexington, KY 40507 Authorized Official: _____________________________ Make copies of this portion and submit with future payments.

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