Smith v. Lombardi et al

Filing 6

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis ECF No. 2 is GRANTED. IT IS FURTHER ORDERED that the plaintiff must pay an initial filing fee of $20 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 an original proceeding. IT IS FURTHER ORDERED that the Clerk of Court is directed to appoint Plaintiff counsel pursuant to the Plan for the Appointment of Pro Bono Counsel. A separate Notice of Appointment of Pro Bono Counsel shall be entered by the Clerk. Signed by Magistrate Judge Shirley Padmore Mensah on 7/19/16. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
CHARLES SMITH,
Plaintiff,
v.
GEORGE LOMBARDI, et al.,
Defendants.

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No. 2:16-CV-47 SPM

MEMORANDUM AND ORDER
Plaintiff, a prisoner, seeks leave to proceed in forma pauperis in this civil
action under 42 U.S.C. § 1983. Having reviewed plaintiff’s financial information,
the Court assesses a partial initial filing fee of $20, which is twenty percent of his
average monthly deposit. See 28 U.S.C. § 1915(b).
Additionally, having reviewed the complaint, the Court finds that plaintiff
would benefit from the appointment of counsel. As a result, the Court will direct
the Clerk to appoint counsel pursuant to the Plan for the Appointment of Pro Bono
Counsel.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma
pauperis [ECF No. 2] is GRANTED.

IT IS FURTHER ORDERED that the plaintiff must pay an initial filing
fee of $20 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 an original proceeding.1
IT IS FURTHER ORDERED that the Clerk of Court is directed to appoint
Plaintiff counsel pursuant to the Plan for the Appointment of Pro Bono Counsel. A
separate Notice of Appointment of Pro Bono Counsel shall be entered by the
Clerk.

SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 19th day of July, 2016.

1

Prisoners must pay the full amount of the $350 filing fee. 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. The agency having custody of the prisoner
will deduct the payments and forward them to the Court each time the amount in the account
exceeds $10. 28 U.S.C. § 1915(b)(2).
2