Raybourn v. Corizon Medical Services et al

Filing 12

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $29.65 within thirty (30) days of 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 ori ginal proceeding. IT IS FURTHER ORDERED that after an amended complaint is submitted in this matter, the Court will review the amended pleading pursuant to 28 U.S.C. § 1915 (e)(2)(B). Signed by Magistrate Judge Patricia L. Cohen on 4/6/16. (EAB) (Copy of Order mailed to plaintiff on 4/6/16)(EAB).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
CONNIE RAYBOURN,

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Plaintiff,
v.
CORIZON, INC., et al.,
Defendants.

No. 2:16CV10 PLC

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil action brought
pursuant to 42 U.S.C. § 1983. Having reviewed plaintiff’s financial information, the Court will
assess a partial initial filing fee of $29.65, which is twenty percent of her average monthly
deposit. See 28 U.S.C. § 1915(b).1
As the Court is simultaneously appointing counsel in this matter, the Court will review
plaintiff’s pleading at such time as counsel submits an amended complaint. Pursuant to 28 U.S.C.
§ 1915(e)(2)(B), the Court will review the amended complaint for frivolousness, maliciousness
and for failure to state a claim.
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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 sixmonth 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. 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. A review of plaintiff's account indicates an average monthly
deposit of $148.25, and an average monthly balance of $18.90.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis [Doc.
#2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $29.65
within thirty (30) days of 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 after an amended complaint is submitted in this
matter, the Court will review the amended pleading pursuant to 28 U.S.C. § 1915(e)(2)(B).

PATRICIA L. COHEN
UNITED STATES MAGISTRATE JUDGE
Dated this 6th day of April, 2016

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