DeLong v. Nelson et al

Filing 12

Chief Judge Patti B. Saris: ORDER entered granting 11 Motion for Reconsideration re 8 MOTION for Leave to Proceed in forma pauperis filed by Joseph DeLong. DeLong is permitted to proceed in forma pauperis and the the Court assesses an initia l partial filing fee pursuant to 28 U.S.C. § 1915(b)(1). The Clerk shall issue summonses for service of the complaint on the defendants. If directed by the plaintiff to do so, the United States Marshal shall serve the summonses, complaint, and this Order upon the defendants. The plaintiff shall have 90 days from the date of this Order to complete service. (PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JOSEPH DELONG,
Plaintiff,
v.
BART NELSON, et al.,
Defendants.

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Civ. Action No. 17-11783-PBS

ORDER ON MOTION FOR RECONSIDERATION
January 8, 2018
SARIS, C.D.J.
The plaintiff, Joseph DeLong, is an inmate currently
incarcerated at the Old Colony Correctional Center.

On December

8, 2017, I denied his motion for leave to proceed in forma
pauperis because the prison treasurer’s statement seemed to
indicate that DeLong had over $6,000 in his prison account.
DeLong was directed to pay the filing fee.

In response to that

order, DeLong filed a motion for reconsideration and a copy of
his inmate trust account statement.
In reviewing the motion for reconsideration and DeLong’s
inmate trust account statement, it is clear that DeLong never
had more than $1,780.00 in his prison account, and those funds
were received on April 18, 2017, as settlement proceeds for a
previous suit.

The $6,000 figure was derived from the

treasurer’s statement of DeLong’s total income for the six-month
period preceding DeLong’s filing of his complaint, and not from
the prison account statement itself.

His balances are as

follows: $424.68 in his personal account and $351.28 in his
savings account.
Because DeLong has identified information that was
overlooked in denying his application to proceed in forma
pauperis, his motion for reconsideration is allowed and the
Court will allow DeLong to proceed in forma pauperis.

Pursuant

to 28 U.S.C. § 1915(b)(1), the court must assess, and collect
when funds exist, an initial partial filing fee calculated upon
the greater of (1) the average monthly deposit in DeLong’s
account or (2) the average monthly balance in the account for
the six-month period preceding the filing of the complaint.
Thereafter, DeLong must make monthly payments of twenty percent
of the preceding month's income in his institutional account.
Based on the foregoing, it is hereby Ordered that:
1.

The motion [ECF No. 11] for reconsideration is granted and
DeLong is permitted to proceed in forma pauperis;

2.

Pursuant to 28 U.S.C. § 1915(b)(1), the Court assesses an
initial partial filing fee of $251.97. The remainder of
the fee, $98.03, shall be collected in accordance with 28
U.S.C. § 1915(b)(2);

3.

The Clerk shall issue summonses for service of the
complaint on the defendants;

4.

The Clerk shall send the summonses, complaint, and this
Order to the plaintiff, who must thereafter serve the
defendants in accordance with Federal Rule of Civil
Procedure 4(m). The plaintiff may elect to have service
made by the United States Marshal Service. If directed by
the plaintiff to do so, the United States Marshal shall
serve the summonses, complaint, and this Order upon the
defendants, in the manner directed by the plaintiff, with
all costs of service to be advanced by the United States.
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The plaintiff shall have 90 days from the date of this
Order to complete service; and
5.

The defendants are required to respond to the complaint.
See 42 U.S.C. § 1997e(g)(2).

SO ORDERED.
/s/ Patti B. Saris
PATTI B. SARIS
CHIEF UNITED STATES DISTRICT JUDGE

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