Williams v. Simon et al

Filing 8

ORDER Spears Hearing set for 7/28/2020 10:00 AM in Oxford Courtroom 2 before Magistrate Judge Roy Percy.. Signed by Magistrate Judge Roy Percy on 4/6/2020. (cb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
RANDY WILLIAMS
V.

PLAINTIFF
NO. 4:20cv029-GHD-RP

LEE SIMON, ET AL

DEFENDANT(S)

ORDER GRANTING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS
WITHOUT ASSESSING PAYMENT OF INITIAL FILING FEE
The plaintiff, Randy Williams inmate number R3372, is a prisoner proceeding pro se
seeking relief under 42 U.S.C. §1983. He has requested leave to proceed in forma pauperis
under 28 U.S.C. §1915 and submitted a completed authorization form and certificate of his
inmate’s trust account.
The plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. His
inmate trust account shows that over the last six months, he has had an average monthly balance
of $0.00 and his monthly deposits have averaged $0.00.
Under §1915(b)(1) the plaintiff need not pay an initial partial filing fee because the funds
to pay the fee do not exist. However, the plaintiff will be required to make monthly payments of
20 percent of the preceding month’s income credited to his prisoner account until he has paid the
total filing fee of $350.00. 28 U.S.C. §1915(b)(2). These payments will be collected by the
Premier Supply Links, Inmate Banking for Mississippi Department of Corrections, and
forwarded to the court each time the account balance exceeds $10.00, until the filing fee is paid
in full. 28 U.S.C. §1915(b)(2). A copy of this order must be kept in the plaintiff’s institutional
file, and this obligation will be carried forward should the plaintiff be transferred to another jail
or correctional facility.

IT IS HEREBY ORDERED that:
1.

The plaintiff’s request to proceed in forma pauperis is GRANTED.

2.

Each time the plaintiff’s account balance exceeds $10.00, the Premier Supply Links,

Inmate Banking for Mississippi Department of Corrections or any successive custodian
must collect from the plaintiff’s prison trust account a monthly payment consisting of 20 percent
of the preceding month’s income credited to the plaintiff’s prison account and forward the
amount to the court, clearly identifying the payment by the style and number of this case, until
the total filing fee of $350.00 is paid in full, in an institutional check made payable to:
Clerk, U.S. District Court
911 Jackson Avenue, Room 369
Oxford, MS 38655-3622.
3.

A copy of this order must be kept in the plaintiff’s institutional file, and this obligation

will be carried forward should the plaintiff be transferred to another jail or correctional facility.
4.

The Clerk of the Court will serve a copy of this order on:
Premier Supply Links
Inmate Banking for MDOC
PO Box 97538
Pearl, MS 39228

THIS the 6th day of April, 2020.

/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE