Morrison v. Hale et al

Filing 113

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that, within 30 days of the date of this order, plaintiff shallpay an initial partial filing fee of $37.52. Plaintiff is instructed to make his remittance payable toClerk, United States District Court, a nd to include upon it: (1) his name; (2) his prisonidentification number; (3) the case number; and (4) the statement that the remittance is for theappeal of the instant action. Response to Court due by 5/29/2019.. Signed by Magistrate Judge Nannette A. Baker on 4/29/19. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
HERBERT W. MORRISON, JR.,
Plaintiff,
v.
ANDREW HALE,
Defendant.

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No. 4:17-cv-875-NAB

MEMORANDUM AND ORDER
This matter is before the Court upon remand from the Eighth Circuit Court of Appeals for
calculation and collection of the appellate filing fees. Plaintiff has been granted leave to proceed
in forma pauperis on appeal.
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
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 his 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 a certified inmate account statement showing an average monthly
deposit of $187.60, and an average monthly balance of $74.88. The Court will therefore assess

an initial partial filing fee of $37.52, which is twenty percent of plaintiff’s average monthly
deposit.
Accordingly,
IT IS HEREBY ORDERED that, within 30 days of the date of this order, plaintiff shall
pay an initial partial filing fee of $37.52. 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
identification number; (3) the case number; and (4) the statement that the remittance is for the
appeal of the instant action.

Dated this 29th day of April, 2019.

/s/Nannette A. Baker
NANNETTE A. BAKER
UNITED STATES MAGISTRATE JUDGE

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