Behrens v. GMAC Mortgage, LLC

Filing 30

ORDER - IT IS ORDERED: The plaintiff shall pay an initial partial filing fee of $28.80 by January 21, 2014, unless an enlargement of time is granted in response to a written motion. The Clerk of the Court is directed to set a case managemen t deadline of January 21, 2014. After payment of the initial partial filing fee, the plaintiff's institution shall collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and shall forwar d those installments to the Court. The Clerk of the Court is directed to send a copy of this order to the appropriate official at the plaintiff's institution and to the Eighth Circuit Court of Appeals. Ordered by Judge John M. Gerrard. (Copies mailed as directed and to pro se party)(TCL )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRYAN BEHRENS,
Plaintiff,
vs.

8:13-CV-72
ORDER

GMAC MORTGAGE, LLC,
Defendant.
This matter is before the Court on plaintiff Bryan Behrens' notice of
appeal (filing 27). As the plaintiff has previously been informed, see case No.
8:13-cv-17 filing 22, pursuant to the Prison Litigation Reform Act, a prisoner
plaintiff is required to pay the full amount of the court's $505.00 appellate
filing fee by making monthly payments to the Court, even if the prisoner is
proceeding in forma pauperis. 28 U.S.C. § 1915(b). The Act "makes prisoners
responsible for their filing fees the moment the prisoner brings a civil action
or files an appeal." In re Tyler, 110 F.3d 528, 529 (8th Cir. 1997). The
appellate filing fee is assessed when the Court receives the prisoner's notice
of appeal. Henderson v. Norris, 129 F.3d 481, 485 (8th Cir. 1997).
Pursuant to § 1915(b)(1), a prisoner must pay an initial partial filing
fee in the amount of 20 percent of the greater of the prisoner's average
monthly account balance or average monthly deposits for the six months
preceding the filing of the appeal. Accordingly, based on the records before
the Court,1 the initial partial filing fee is $28.80, based on average monthly
deposits of $143.98. In addition to the initial partial filing fee, a prisoner
must "make monthly payments of 20 percent of the preceding month's income
credited to the prisoner's account." § 1915(b)(2). The statute places the
burden on the prisoner's institution to collect the additional monthly
payments and forward them to the Court as follows:
After payment of the initial partial filing fee, the prisoner shall
be required to make monthly payments of 20 percent of the
preceding month's income credited to the prisoner's account. The
agency having custody of the prisoner shall forward payments
The Court has the plaintiff's current trust account information in a different case. See case
No. 8:8-cv-13 filing 389.
1

from the prisoner's account to the clerk of the court each time the
amount in the account exceeds $10 until the filing fees are paid.
§ 1915(b)(2). Therefore, after payment in full of the initial partial filing fee,
the remaining installments shall be collected pursuant to this procedure.
IT IS ORDERED:
1.

The plaintiff shall pay an initial partial filing fee of $28.80
by January 21, 2014, unless an enlargement of time is
granted in response to a written motion.

3.

The Clerk of the Court is directed to set a case
management deadline of January 21, 2014.

4.

After payment of the initial partial filing fee, the plaintiff's
institution shall collect the additional monthly payments in
the manner set forth in 28 U.S.C. § 1915(b)(2), quoted
above, and shall forward those installments to the Court.

5.

The Clerk of the Court is directed to send a copy of this
order to the appropriate official at the plaintiff's institution
and to the Eighth Circuit Court of Appeals.

Dated this 20th day of December, 2013.
BY THE COURT:

John M. Gerrard
United States District Judge

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