Adams v. Jones et al

Filing 36

MEMORANDUM & ORDER denying 35 Motion for order amending payment of filing fee. Signed by Chief Judge Thomas B. Russell on 6/1/2011. cc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
TIMOTHY D. ROUSE, JR.
v.

PLAINTIFF

CIVIL ACTION NO. 5:10CV-P116-R

JAY JONES et al.

DEFENDANTS
MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff’s motion for order amending payment of the
filing fee (DN 35). He asks the Court to enter an order directing the Kentucky State Penitentiary
to collect funds from his account each time the amount in the account exceeds $15.00, instead of
$10.00. He claims that the amount of the filing fee and the manner in which it is collected are
within the discretion of the Court. Contrary to Plaintiff’s assertion, these determinations are not
discretionary.
Title 28 of the United States Code, Section 1915(b)(1) directs that a prisoner “shall be
required to pay the full amount of the filing fee.” Further, § 1915(b)(2) sets the amount a prisoner
must pay following payment of the initial filing fee:
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 the court each time the amount in the
account exceeds $10 until the filing fees are paid.
In light of § 1915(b)’s mandates, IT IS ORDERED that Plaintiff’s motion for order
amending payment of the filing fee (DN 35) is DENIED.
Date:

cc:

June 1, 2011

Plaintiff, pro se
Counsel of record
4413.005