Petty v. LaGore et al

Filing 20

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that plaintiff's shall immediately pay an initial filing fee of $21.17. 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. Signed by District Judge E. Richard Webber on 06/24/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
DAMON LAMONTE PETTY,
Plaintiff,
v.
ROBERT LAGORE, et al.,
Defendants,

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No. 2:13CV00093 NAB

MEMORANDUM AND ORDER
This matter is before the Court for collection of plaintiff's appellate filing fee as directed
by the United States Court of Appeals for the Eighth Circuit. 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 complaint. A review of
plaintiff's account indicates an average monthly deposit of $105.83, and an average monthly

balance of $6.64. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the
Court will assess an initial partial filing fee of $21.17, which is 20% of plaintiff's average
monthly deposit.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's shall immediately pay an initial filing fee of
$21.17. 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.
So Ordered this 24th day of June, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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