Turner v. Roach et al

Filing 68

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal [Doc. 65] is GRANTED. IT IS FURTHER ORDERED that plaintiff's motion requesting the Court issue an order for the Missouri Department o f Corrections to release a prison account statement [Doc. 63] is DENIED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his rem ittance 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 appellate proceeding. ( Initial Partial Filing Fee due by 2/7/2013.) Signed by District Judge Stephen N. Limbaugh, Jr on 1/8/2013. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DAVID O. TURNER,
Plaintiff,
v.
JOHN ROACH, et al.,
Defendants.

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No. 1:11CV168 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to proceed in forma pauperis
on appeal. 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 filed a document stating that he has attempted to obtain a certified copy
of his prison account statement but that the officials have refused to provide him with one.

When a prisoner is unable to provide the Court with a certified copy of his prison account
statement, the Court should assess an amount “that is reasonable, based on whatever
information the court has about the prisoner’s finances.” Henderson v. Norris, 129 F.3d
481, 484 (8th Cir. 1997). In this instance, the Court will assess an initial partial filing fee
of $1.00.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis
on appeal [Doc. 65] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion requesting the Court issue
an order for the Missouri Department of Corrections to release a prison account statement
[Doc. 63] is DENIED.
IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of
$1.00 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 appellate proceeding.
Dated this 8th day of January, 2013.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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