Smalley v. Lombardi
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff shall immediately pay an initial filing fee of $3.32. 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 appellate proceeding. Signed by District Judge Catherine D. Perry on 03/20/2015. (CBL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
JAMES H. SMALLEY,
GEORGE A. LOMBARDI, et al.,
MEMORANDUM AND ORDER
This matter is before the Court for collection of plaintiff's appellate filing fee as directed by
the United States Court of Appeals for the Eighth Circuit [Docs. #18 and #19]. 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% 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% 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 $16.58, and an average monthly balance
of $1.40. Plaintiff has insufficient funds to pay the entire filing fee. Accordingly, the Court will
assess an initial partial filing fee of $3.32, which is 20% of plaintiff's average monthly deposit.
IT IS HEREBY ORDERED that plaintiff shall immediately pay an initial filing fee of
$3.32. 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 appellate proceeding.
Dated this 20th day of March, 2015.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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