Mosley v. Wallace et al

Filing 55

MEMORANDUM AND ORDER re: 53 MOTION for Leave to Proceed in forma pauperis on appeal under 42:1983 (prisoner) filed by Plaintiff Devin Mosley motion is GRANTED IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $6.98 withinthirty (30) days of the date of this Order.( Initial Partial Filing Fee due by 12/6/2019.). Signed by District Judge Ronnie L. White on 11/6/19. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

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

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No. 1:16-cv-00297-RLW

MEMORANDUM AND ORDER

This matter is before the Court on the motion of plaintiff Devin Mosley for leave to
proceed in forma pauperis on appeal. (Docket No. 53). Having reviewed the motion and the
financial information submitted in support, the Court has determined that plaintiff lacks sufficient
funds to pay the entire appellate filing fee and will assess an initial partial filing fee of $6.98.

28 u.s.c. § 1915(b)(l)
Pursuant to 28 U.S.C. § 1915(b)(l), a prisoner bringing an appeal in forma pauperis is
required to pay the full amount of the filing fee. If the prisoner has insufficient funds in his 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 deposit 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. §
191 S(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 $10.00, until the filing
fee is fully paid. Id.

Plaintiff has submitted an affidavit and a certified copy of his prison account statement for
the seven-month period immediately preceding the filing of his notice of appeal. (Docket No. 54).
A review of plaintiffs account statement indicates an average monthly deposit of $34.88.
Accordingly, the Court will assess an initial partial filing fee of $6.98, which is 20 percent of
plaintiffs average monthly deposit.
Accordingly,

IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis on
appeal (Docket No. 53) is GRANTED.

IT IS FURTHER ORDERED that plaintiff shall pay an initial filing fee of $6.98 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 the appeal of the instant
action.

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Dated this 6fA.-.aay o , 2019.

UNITED STATES DISTRICT JUDGE