Nettles v. Lombardi et al

Filing 8

MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis [Doc. #2] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $14.80 within thirty (30) days of the date of this Order . Plaintiff is instructed to make his remittance payable toClerk, 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 plaintiffs second motion for leave to proceed in forma pauperis [Doc. #6] is DENIED as moot.( Initial Partial Filing Fee due by 2/21/2014.). Signed by Magistrate Judge Lewis M. Blanton on 1/21/14. (cc: Nettles)(MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
SHAUWN NETTLES,
Plaintiff,
v.
GEORGE LOMBARDI, et al.,
Defendants.

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No. 1:13-CV-146-LMB

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Shauwn Nettles (registration no. 1044559)
for leave to commence this action without payment of the required filing fee.
28 U.S.C. § 1915(b)(1)
Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing 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
account indicates an average monthly deposit of $42.42, and an average monthly balance of $74.00.
Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the Court will assess an initial
partial filing fee of $14.80, which is 20 percent of plaintiff’s average monthly balance.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [Doc. #2]
is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $14.80 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 second motion for leave to proceed in forma
pauperis [Doc. #6] is DENIED as moot.
Dated this 21st

Day of January, 2014.

UNITED STATES MAGISTRATE JUDGE

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