Jordan v. Hall et al

Filing 4

MEMORANDUM AND ORDER:HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED. FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $22.10 within thirty (30) days from the dat e of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to includeupon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is f or an original proceeding. 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 and without further notice to pla intiff. FURTHER ORDERED that the Clerk shall issue process or cause process to be issued upon the complaint. FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2), defendants, in their individual capacities, shall reply to the complaint with in the time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil Procedure. FURTHER ORDERED that, pursuant to the Court's differentiated case management system, this case is assigned to Track 5B (standard prisoner actions). ( Initial Partial Filing Fee due by 1/4/2013.)(cc:Finance). Signed by District Judge Jean C. Hamilton on 12/04/12. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RONALD JORDAN,
Plaintiff,
v.
BRIAN D. HALL, et al.,
Defendants.

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No. 4:12-CV-2070-JCH

MEMORANDUM AND ORDER
This matter is before the Court upon the motion of Ronald Jordan (registration
no. 158420) for leave to commence this action without payment of the required filing
fee [Doc. #2]. For the reasons stated below, the Court finds that plaintiff does not have
sufficient funds to pay the entire filing fee, and therefore, the motion will be granted,
and plaintiff will be assessed an initial partial filing fee. See 28 U.S.C. § 1915(b)(1).
Furthermore, the Court will order all defendants to reply to the complaint within the
time provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil
Procedure.
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 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 his prison account
statement for the six-month period immediately preceding the submission of his
complaint. See 28 U.S.C. § 1915(a)(1),(2). A review of plaintiff's account statement
indicates an average monthly deposit of $110.51, and an average monthly account
balance of $34.55.

Plaintiff has insufficient funds to pay the entire filing fee.

Accordingly, the Court will assess an initial partial filing fee of $22.10 which is 20
percent of plaintiff's average monthly deposit.
42 U.S.C. § 1997e(g)(2)
Pursuant to 42 U.S.C. § 1997e(g)(2), the Court may require any defendant to
reply to a complaint brought by a prisoner pursuant to 42 U.S.C. § 1983 or any other
federal law if it finds that the plaintiff has a reasonable opportunity to prevail on the
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merits.
A review of the complaint indicates that plaintiff's claims regarding violations of
his constitutional rights survive review under 28 U.S.C. § 1915(e)(2)(B) and should not
be dismissed at this time. Therefore, the Court will order that all defendants, in their
individual capacities, shall reply to the complaint.
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 $22.10 within thirty (30) days from 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 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 and without further notice to plaintiff.
IT IS FURTHER ORDERED that the Clerk shall issue process or cause
process to be issued upon the complaint.
IT IS FURTHER ORDERED that, pursuant to 42 U.S.C. § 1997e(g)(2),
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defendants, in their individual capacities, shall reply to the complaint within the time
provided by the applicable provisions of Rule 12(a) of the Federal Rules of Civil
Procedure.
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 4th day of December, 2012.

/s/Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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