Worthy v. Boyd et al
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the plaintiff shall pay an initial filing fee of $29.65 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States Di strict 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. Initial Partial Filing Fee due by 12/15/2012.. Signed by District Judge Carol E. Jackson on 11/15/12. (KKS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DERRIS BOYD, et al.,
MEMORANDUM AND ORDER
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 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.
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. 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 $148.25, and an average monthly balance
of $16.03. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the Court will
assess an initial partial filing fee of $29.65, which is 20 percent of plaintiff’s average monthly
IT IS HEREBY ORDERED that the plaintiff shall pay an initial filing fee of $29.65 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.
Dated this 15th day of November, 2012.
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
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