Finerson v. Bresnahan et al

Filing 5

MEMORANDUM AND ORDER-- HEREBY ORDERED that petitioners motion to proceed in forma pauperis [Doc. 2 ] is GRANTED. FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $30.35 within thirty (30) days of the date of this Order. Pl aintiff 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. FUR THER ORDERED that the Clerk shall return the petition [Doc. 1 ] to petitioner. FURTHER ORDERED that petitioner shall sign the petition and return it to the Court within thirty (30) days of the date of this Order. FURTHER ORDERED that if petitioner f ails to comply with thisOrder, this case will be dismissed without prejudice.( Initial Partial Filing Fee due by 11/10/2013., Response to Court due by 11/10/2013.). Signed by District Judge Jean C. Hamilton on 10/10/2013. (cc: petitioner and finance.) (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANTHONY FINERSON,
Petitioner,
v.
RICHARD BRESNAHAN,
Respondent.

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No. 4:13CV1989 JCH

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion for leave to proceed in
forma pauperis and petition for writ of mandamus.
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 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). 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 $151.75, and an average monthly balance of less than $151.75.
Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the Court
will assess an initial partial filing fee of $30.35, which is 20 percent of plaintiff’s
average monthly deposit.
Petitioner did not sign his petition for writ of mandamus. “The court must
strike an unsigned paper unless the omission is promptly corrected after being called
to the . . . party’s attention.” Fed. R. Civ. P. 11. As a result, the Court will order the
Clerk to return the petition to petitioner so that petitioner may sign it and return it to
the Court for filing. If petitioner fails to comply with this Order, this case will be
dismissed without prejudice.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion to proceed in forma
pauperis [Doc. 2] is GRANTED.
IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee
of $30.35 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.
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IT IS FURTHER ORDERED that the Clerk shall return the petition [Doc. 1]
to petitioner.
IT IS FURTHER ORDERED that petitioner shall sign the petition and return
it to the Court within thirty (30) days of the date of this Order.
IT IS FURTHER ORDERED that if petitioner fails to comply with this
Order, this case will be dismissed without prejudice.
Dated this 10th day of October, 2013.

/s/ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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