Okpala v. Vasquez et al

Filing 12

ORDER GRANTING IFP AND SETTING PAYMENT SCHEDULE. Signed by Honorable David C. Bramlette, III on September 9, 2015 (lda)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
OKEY GARRY OKPALA, #43667-019
VERSUS

PLAINTIFF
CIVIL ACTION NO. 5:15-cv-40-DCB-MTP

FNU VASQUEZ, et al.

DEFENDANTS
ORDER SETTING PAYMENT SCHEDULE

There came on for consideration pro se Plaintiff Okey Garry Okpala’s application to
proceed in forma pauperis [2, 10] in this civil action pursuant to 42 U.S.C. § 1983, along with
his Complaint [1], dated May 5, 2015, and filed in this Court on May 11, 2015. This Court is
aware that Okpala has at least “three strikes” under the Prison Litigation Reform Act. See 28
U.S.C. § 1915(g); see Okpala v. Lappin, No. 1:09-cv-828, 2010 WL 55997 (E.D. Tex. Jan. 5,
2010)(listing four of Okpala's strikes). Okpala was barred from proceeding IFP before the
United States Supreme Court in 2007, because he had “repeatedly abused [the] Court's process.”
Okpala v. Drew, 549 U.S. 1201(2007). However, he argues that he is entitled to proceed in
forma pauperis because he meets the exception provision of 28 U.S.C. § 1915(g). Specifically,
Okpala claims he is in imminent danger of serious physical injury because of an alleged
continuing failure to treat his medical condition. At this stage in the proceedings, this Court
cannot definitively state that he does not meet the exception provision. Accordingly, the Court
will grant Okpala’s request to proceed in forma pauperis in this case. Therefore, pursuant to
§ 1915, as amended, and notwithstanding Plaintiff's lack of assets, it is hereby
ORDERED that pro se Plaintiff Okey Garry Okpala’s application to proceed in forma
pauperis is granted, except to the extent that he is required to make payments set forth below. If
judgment is rendered against him, and the judgment includes the payments of costs under §

1915, he will be required to pay the full amount of the costs, notwithstanding that his application
to proceed in forma pauperis has been granted.
IT IS FURTHER ORDERED that the plaintiff shall pay the full filing fee of $350.00 by
payments made to the Clerk of Court from the plaintiff's prison account. Said payments will be
forwarded to the Clerk, U.S. District Court, 501 E. Court St., Suite 2.500, Jackson, MS
39201, with the plaintiff's name and civil action number 5:15-cv-40-DCB-MTP written on the
payment.
IT IS FURTHER ORDERED that the plaintiff's inmate trust fund account summary for
the six month period immediately preceding the submission of his complaint reflects average
monthly deposits of $95.00, an average monthly account balance of $23.56 and a current balance
of $141.37. The plaintiff is therefore required to pay an initial partial filing fee of $19.00. The
Adams County Correctional Center or other prison at which the plaintiff may be incarcerated is
required by law, when the plaintiff's prison account has sufficient funds, to collect the initial
partial filing fee of $19.00 and forward it to the Clerk, U.S. District Court, U.S. District
Court, 501 E. Court St., Suite 2.500, Jackson, MS 39201, with the plaintiff's name and civil
action number 5:15-cv-40-DCB-MTP written on the payment.
IT IS FURTHER ORDERED that after payment of the initial partial filing fee, the
plaintiff is required to make monthly payments of 20 percent of the preceding month's income1
credited to his prison account, until the total filing fee of $350.00 is paid. The Adams County
Correctional Center or other prison at which the plaintiff may be incarcerated is required by law,
when the plaintiff's prison account exceeds the sum of $10.00, to forward monthly payments

1

Income shall mean "whatever sums enter a prison trust account, disregarding the
source." Lucien v. DeTella, 141 F.3d 773, 776 (7th Cir. 1998).

with the plaintiff's name and civil action number 5:15-cv-40-DCB-MTP written on the
payment, to the Clerk, U.S. District Court, U.S. District Court, 501 E. Court St., Suite
2.500, Jackson, MS 39201, with each payment being a sum which equals 20 percent of the
preceding month's income credited to the plaintiff's prison account.
The Clerk is directed to mail copies of this order to the plaintiff; and to the Warden,
Adams County Correctional Facility, P.O. Box 1600, Washington, MS 39190.
Failure to advise this court of a change of address or failure to comply with any order of
this Court will be deemed as a purposeful delay and contumacious act by the plaintiff and may
result in the dismissal of this case.
THIS the 9th

day of September, 2015.

s/David Bramlette
UNITED STATES DISTRICT JUDGE