Wilson v. Stevenson
Filing
8
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion to proceed in forma pauperis (Docket No. 2) is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial partial filing fee of $25.17 within twenty-one (21) days of the date of this Order. Plaintiff is instructed to make hisremittance payable to Clerk, United States District Court, and to include upon it: (1) his name; (2) his prison registration number; (3) this case number; and (4) the statement that the remi ttance is for an original proceeding. Plaintiffs failure to timely comply with this Order may result in the dismissal of this action without notice and without further proceedings. 2 Signed by District Judge Henry Edward Autrey on 3/3/17. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
MARC WILSON,
Plaintiff,
v.
JAYNA STEVENSON,
Defendant.
)
)
)
)
)
)
)
)
)
No. 2:17CV4 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court upon the motion of plaintiff Marc Wilson, an inmate at
the Northeast Correctional Center, for leave to commence this civil action without prepayment of
the filing fee. (Docket No. 2). The motion will be granted, and the Court will assess an initial
partial filing fee of $25.17.
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
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. 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 his 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 $10.00, until the filing fee is fully paid. Id.
Plaintiff filed a civil complaint in this Court on January 19, 2017 alleging a state law
claim of breach of fiduciary duty against defendant Jayna Stevenson. On that date, he also filed
the instant motion for leave to proceed in forma pauperis, but failed to submit a certified inmate
account statement as required by 28 U.S.C. § 1915(a)(2). In an order dated February 2, 2017,
this Court ordered him to do so, and he timely complied. Having reviewed the certified inmate
account statement for the relevant time period, the Court has determined to assess an initial
partial filing fee of $25.17, twenty percent of plaintiff’s average monthly deposit.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma pauperis
(Docket No. 2) is GRANTED.
IT IS FURTHER ORDERED that plaintiff must pay an initial partial filing fee of
$25.17 within twenty-one (21) 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) this case number; and (4) the statement that the remittance
is for an original proceeding.
Plaintiff’s failure to timely comply with this Order may result in the dismissal of this
action without notice and without further proceedings.
Dated this 3rd day of March, 2017.
___________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?