Grace v. Hakala et al

Filing 85

MEMORANDUM AND ORDER granting : 72 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff William Grace..IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $4.25 within thirt y (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 registrationnumber; (3) the case number; and (4) that the remittance is for an original proceeding. ( Initial Partial Filing Feeon Appeal due by 11/14/2011.). Signed by Honorable Stephen N. Limbaugh, Jr on 10/12/11. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION WILLIAM GRACE, Plaintiff, v. MICHAEL HAKALA, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:11-CV-0081-LMB MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion to proceed in forma pauperis on appeal.1 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 percent 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 percent 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 1 Plaintiff appears to be appealing part of the Court’s August 9, 2011 Memorandum and Order denying him appointment of counsel. See Plaintiff’s Notice of Appeal, Docket No. 54. account indicates an average monthly deposit of $21.25, and an average monthly balance of $0.07. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the Court will assess an initial partial filing fee of $4.25, which is 20 percent of plaintiff’s average monthly deposit. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis on appeal is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $4.25 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. Dated this 12th day of October, 2011. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE -2-

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