Securities and Exchange Commission v Behrens, et al

Filing 409

ORDER - Behrens' institution shall collect the full $505.00 appellate filing and docketing fees from him by installment in the manner set forth in 28 U.S.C. § 1915(b)(2), and shall forward those installments to the Court. The Clerk of the Court is directed to send a copy of this order to the appropriate official at Behrens' institution. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party and as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
8:08-CV-13
Plaintiff,
vs.

ORDER

BRYAN S. BEHRENS, et al.,
Defendants.
This matter is before the Court on the Eighth Circuit Court of Appeals'
dismissal of Bryan S. Behrens' appeal. Filing 408. The Court denied Behrens'
motions to proceed in forma pauperis, see filings 384 and 392, but Behrens
filed a motion to proceed in forma pauperis in the Court of Appeals pursuant
to Fed. R. App. P. 24(a)(5). As Behrens was warned, see filing 392, the filing
of his Rule 24(a)(5) motion resulted in the immediate assessment of appellate
filing fees under 28 U.S.C. § 1915(b). See Henderson v. Norris, 129 F.3d 481,
485 (8th Cir. 1997). The Court of Appeals has remanded the collection of
those fees to this Court. See filing 408. Accordingly,
IT IS ORDERED:
1.

Behrens' institution shall collect the full $505.00 appellate
filing and docketing fees from him by installment in the
manner set forth in 28 U.S.C. § 1915(b)(2), and shall
forward those installments to the Court.

2.

The Clerk of the Court is directed to send a copy of this
order to the appropriate official at Behrens' institution.

Dated this 26th day of February, 2014.
BY THE COURT:

John M. Gerrard
United States District Judge