Buchanan v. Kapur et al

Filing 9

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $61.06 with in thirty (30) days from the date of this Order. Plaintiff is instructed to make her remittance payable to "Clerk, United States District Court," and to include upon it: (1) her name; (2) her prison registration number; (3) the case number; and (4) that the remittance is for an original proceeding. IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial filing fee within thirty (30) days, without first showing good cause, the Court will dismiss this action without pre judice. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint on or before April 11, 2015. IT IS FURTHER ORDERED that plaintiff's pro se motion for a preliminary injunction [Doc. # 4 ] is DENIED, without prejudice. IT IS FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). Signed by District Judge Catherine D. Perry on 03/11/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION

STEPHANIE MARIE BUCHANAN,
Plaintiff,
v.
HARI KAPUR, et al.,
Defendants.

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No. 2:15-CV-5-CDP

MEMORANDUM AND ORDER
This matter is before the Court upon the application of Stephanie Marie
Buchanan (registration no. 1221458) for leave to commence this action without
payment of the required filing fee. Upon consideration of plaintiff=s financial
information, the Court will grant the motion and will assess an initial partial filing
fee of $61.06. See 28 U.S.C. ' 1915(a).

In addition, the Court will instruct

plaintiff to file an amended complaint1 and will deny without prejudice her pro se
motion for a preliminary injunction [Doc. #4].

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The Court appointed counsel for plaintiff on March 6, 2015 [Doc. #8]. As such,
the Court will allow plaintiff to file an amended complaint, as well as any motions
for injunctive relief that counsel deems necessary. In the amended complaint,
plaintiff should indicate in what capacity she is suing defendants (i.e., individual
capacity, official capacity, or both). Plaintiff is advised that her amended
complaint will replace her original complaint and will be the only pleading this
Court reviews.

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.
See 28 U.S.C. ' 1915(b)(1). 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. See 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 her prison account
statement for the six-month period immediately preceding the submission of her
complaint. See 28 U.S.C. ' 1915(a)(1),(2). A review of plaintiff's account
statement indicates an average monthly deposit of $305.29, and an average monthly
account balance of $192.08. Plaintiff has insufficient funds to pay the entire filing

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fee. Accordingly, the Court will assess an initial partial filing fee of $61.06, which
is 20 percent of plaintiff's average monthly deposit.
In accordance with the foregoing,
IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in
forma pauperis [Doc. #2] is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing
fee of $61.06 within thirty (30) days from the date of this Order. Plaintiff is
instructed to make her remittance payable to "Clerk, United States District Court,"
and to include upon it: (1) her name; (2) her prison registration number; (3) the case
number; and (4) that the remittance is for an original proceeding.
IT IS FURTHER ORDERED that if plaintiff fails to pay the initial partial
filing fee within thirty (30) days, without first showing good cause, the Court will
dismiss this action without prejudice.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint
on or before April 11, 2015.
IT IS FURTHER ORDERED that plaintiff's pro se motion for a preliminary
injunction [Doc. #4] is DENIED, without prejudice.

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IT IS FURTHER ORDERED that, pursuant to the Court's differentiated
case management system, this case is assigned to Track 5B (standard prisoner
actions).
Dated this 11th day of March, 2015.

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UNITED STATES DISTRICT JUDGE

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