Burton v. Hoskins et al
Filing
120
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal [Doc. #118] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $48.97 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that plaintiff's motion for an extension of time to file necessary forms relative to his motion for leave to proceed in forma pauperis on appeal [Doc. #17] is DENIED as moot.( Initial Partial Filing Fee due by 9/10/2014.) Signed by District Judge Stephen N. Limbaugh, Jr on 8/11/2014. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
VICTOR RAY BURTON,
Plaintiff,
v.
BRYAN HOSKINS, et al.,
Defendants.
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No. 1:10-CV-0165-SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion to proceed in forma pauperis on appeal
[Doc. #118]. Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner appealing a civil action in forma
pauperis is required to pay the full amount of the filing fee. If the prisoner has insufficient funds in
his or her prison account to pay the entire fee, the Court must assess and, when funds exist, collect
an initial partial filing fee of 20% of the greater of (1) the average monthly deposits in the prisoner's
account, or (2) the average monthly balance in the prisoner's account for the prior six-month period.
After payment of the initial partial filing fee, the prisoner is required to make monthly payments of
20% of the preceding month's income credited to the prisoner's account. 28 U.S.C. § 1915(b)(2).
The agency having custody of the prisoner will forward these monthly payments to the Clerk of
Court each time the amount in the prisoner's account exceeds $10, until the filing fee is fully paid.
Id.
Plaintiff has submitted an affidavit and a certified copy of his prison account statement for
the six-month period immediately preceding the submission of his complaint. A review of
plaintiff's account indicates an average monthly deposit of $244.83, and an average monthly
balance of $17.49. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the
Court will assess an initial partial filing fee of $48.97, which is 20% of plaintiff's average monthly
deposit.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal
[Doc. #118] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $48.97 within
thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to
"Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison
registration number; (3) the case number; and (4) that the remittance is for an original proceeding.
IT IS FURTHER ORDERED that plaintiff's motion for an extension of time to file
necessary forms relative to his motion for leave to proceed in forma pauperis on appeal [Doc. #17]
is DENIED as moot.
Dated this 11th day of August, 2014.
__________________________________
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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