Gassel v. Jones, MD et al

Filing 80

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis on appeal [Doc. # 78 ] is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 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 appellate proceeding. Signed by District Judge John A. Ross on 6/13/2018. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHRISTOPHER GASSEL,

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Plaintiff,

v.
PAUL JONES, MD, et al.,
Defendants.

No. 4:16-CV-1663 JAR

MEMORANDUM AND ORDER
Plaintiff moves for leave to proceed in forma pauperis on appeal. As plaintiff has shown that
he is unable to pay the full filing fee, the Court will assess an initial partial filing fee of $1.00. See
Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997). 1
Accordingly,

IT IS HEREBY ORDERED that plaintitrs motion to proceed in forma pauperis on appeal
[Doc. #78] is GRANTED.

IT IS FURTHER ORDERED that the plaintiff shall pay an initial filing fee of $1.00 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 appellate proceeding.
Dated this 13th day of June, 2018.

1

Plaintiff moves to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Pursuant to§ 1915(a)(2),
when a prisoner is seeking to proceed in forma pauperis on appeal, he must submit a certified
account statement for the six-month period immediately preceding the filing of the notice of appeal.
Although plaintiff has submitted a certified copy of his account statement, it contains only three
months of the six-month time period required by the statute, prior to the time he filed his notice of
appeal on April 9, 2018. Therefore, the Court will assess an initial partial filing fee of $1.00 pursuant
to Henderson v. Norris, 129 F.3d 481, 484 (8th Cir. 1997).