Hinton v. The State of Mississippi et al
ORDER AMENDING Order 46 Denying Plaintiff's Motion 44 for Leave to Appeal in forma pauperis. Signed by Honorable David C. Bramlette, III on April 19, 2017. (lda)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
HENRY HINTON, JR.
CIVIL ACTION NO. 5:16-cv-15-DCB-MTP
APPEAL NO. 17-60027
ORDER AMENDING ORDER  DENYING
PLAINTIFF’S MOTION  TO PROCEED
IN FORMA PAUPERIS ON APPEAL
Having reviewed the Order  entered April 7, 2017, denying Plaintiff’s Motion [ 44]
to Proceed In Forma Pauperis, the Court finds that the Order  will be amended to include a
payment schedule. See Baugh v. Taylor, 117 F. 3d 197 (5th Cir. 1997).
For the reasons stated in the Order , the Court determined Plaintiff’s appeal is not
taken in good faith and thus, his Motion  to Proceed In Forma Pauperis was denied. As
noted in the Order  even though this court has certified that the appeal is not taken in good
faith under 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(3), the applicant may challenge this
finding pursuant to Fed. R. App. P. 24(a)(5), by filing a separate motion to proceed IFP on
appeal with the Clerk of Court, U.S. Court of Appeals for the Fifth Circuit, within 30 days
of this order. See also Baugh v. Taylor, 117 F. 3d 197 (5th Cir. 1997)
The Order  entered April 7, 2017, is amended as follows: The calculation of the cost
for Hinton to file a motion to proceed in forma pauperis on appeal with the Fifth Circuit is
calculated below, and if the appellant moves to proceed on appeal in forma pauperis, the prison
authorities will be directed to collect the fees as calculated in this order.
If Hinton files a separate motion to proceed in forma pauperis on appeal
with the Clerk for the Fifth Circuit, he is assessed an initial partial fee of $0.00.
The agency having custody of the prisoner shall collect this amount from the trust
fund account or institutional equivalent, when funds are available, and forward it
to the clerk of the district court.
Thereafter, the prisoner/appellant shall pay $505.00 balance of the appeal
fee, in periodic installments. The appellant is required to make payments of 20%
of the preceding month’s income credited to the appellant’s prison account until
appellant has paid the total appeal fee of $505.00. The agency having custody of
the prisoner shall collect this amount from the trust fund account or institutional
equivalent, when funds are available and when permitted by 28 U.S.C.
§ 1915(b)(2), and forward it to the Clerk of the district court, 501 E. Court Street, Suite
2.500, Jackson, Mississippi 39201.
If the appellant moves to proceed on appeal in forma pauperis, the clerk
shall mail a copy of this order to the inmate accounting office, Premier Supply
Link For MDOC Inmate Accounts, P.O. Box 97538, Pearl, Mississippi 39288, or
other person(s) or entity with responsibility for collecting and remitting to the
district court interim filing payments on behalf of prisoners, as designated by the
facility in which the prisoner is currently or subsequently confined.
SO ORDERED, this the 19th day of April, 2017.
UNITED STATES DISTRICT JUDGE
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