Middleton v. Steele et al

Filing 9

MEMORANDUM AND ORDER re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff John C Middleton IT IS HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis is granted. IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $1.00 no later than August 8, 2014. 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. ( Initial Partial Filing Fee due by 8/8/2014.). Signed by District Judge Carol E. Jackson on 7/8/14. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN C. MIDDLETON,

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Plaintiff,
v.
TROY STEELE,
Defendant,

No. 4:14CV1217 CDP

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for leave to proceed in forma
pauperis.
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. 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 not submitted a prison account statement. As a result, the Court will require
plaintiff to pay an initial partial filing fee of $1.00. See Henderson v. Norris, 129 F.3d 481, 484
(8th Cir. 1997) (when a prisoner is unable to provide the Court with a certified copy of his prison
account statement, the Court should assess an amount Athat is reasonable, based on whatever

information the court has about the prisoner=s finances.@). If plaintiff is unable to pay the initial
partial filing fee, he must submit a copy of his prison account statement in support of his claim.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to proceed in forma
pauperis is granted.
IT IS FURTHER ORDERED that plaintiff shall pay an initial partial filing fee of $1.00
no later than August 8, 2014. 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 8th day of July, 2014.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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