Swallow v. Corizon Health/Medical Services et al

Filing 6

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Brandon Swallows motion for leave to proceed in forma pauperis (Docket No. 2 ) is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $49.37 within thirty (30) days o f 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) the statement that the remittance is for an original proceeding.( Initial Partial Filing Fee due by 8/27/2018.) Signed by Magistrate Judge John M. Bodenhausen on 7/27/18. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRANDON SWALLOW,

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Plaintiff,
v.
CORIZON HEALTH, et al.,
Defendants.

No. 4:18-cv-1045-JMB

MEMORANDUM AND ORDER
This matter is before the Court on the motion of plaintiff Brandon Swallow, an inmate at
the Eastern Reception, Diagnostic and Correctional Center (“ERDCC”), for leave to commence
this civil action without prepayment of the required filing fee. Having reviewed the motion and
the financial information submitted in support, the Court has determined to grant the motion, and
assess an initial partial filing fee of $49.37.
28 U.S.C. § 1915(b)(1)
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
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 sixmonth 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 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 $10.00,
until the filing fee is fully paid. Id.

In support of the instant motion, plaintiff submitted a certified inmate account statement
showing an average monthly deposit of $40.38, and an average monthly balance of $246.88.
The Court will therefore assess an initial partial filing fee of $49.37, which is twenty percent of
plaintiff’s average monthly balance.
Accordingly,
IT IS HEREBY ORDERED that Brandon Swallow’s motion for leave to proceed in
forma pauperis (Docket No. 2) is GRANTED.
IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $49.37
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) the statement that the remittance is for
an original proceeding.
Dated this 27th day of July, 2018.
/s/ John M. Bodenhausen
JOHN M. BODENHAUSEN
UNITED STATES MAGISTRATE JUDGE

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