Ford v. Corizon Medical Services et al

Filing 44

MEMORANDUM AND ORDER.IT IS HEREBY ORDERED that plaintiff shall pay an initial appellate filing fee of $11.36 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 Court of Appeals case number; and (4) that the remittance is for an appellate proceeding. Signed by District Judge Stephen N. Limbaugh, Jr on 12/18/15. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
ANTHONY BUTLER FORD,

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Plaintiff,
v.
IAN WALLACE, et al.,
Defendants.

No. 1:14-CV-00112-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on remand for the collection of appellate filing fees from the
Court of Appeals. After granting plaintiff in forma pauperis status on appeal, the Court of Appeals
has asked this Court to calculate the plaintiff's partial appellate filing fees and ensure collection of
the fees on the Court of Appeal’s behalf.
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 notice of appeal. A review of

plaintiff's account indicates an average monthly deposit of $56.80, and an average monthly balance
of $54.99. Because plaintiff has insufficient funds to pay the full $505 appellate filing fee the Court
will assess an initial partial filing fee of $11.36, which is 20% of plaintiff's average monthly
deposit.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall pay an initial appellate filing fee of $11.36
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 Court of Appeals case number; and (4) that the remittance is for an
appellate proceeding.
Dated this 18th day of December, 2015.

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STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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