Sailors v. US Marshals Service Dept. et al

Filing 127

AMENDED ORDER: Pursuant to 28 U.S.C. 1915 (b)(1-2), the prisoner is responsible for paying twenty percent of either the average monthly deposits in the prisoner's account; or the average monthly balance in the prisoner's account for th e 6-month period immediately preceding the filing of the complaint, whichever is greater. The total fee due and owing is $505.00. Therefore, since the plaintiff's monthly balance is greater than his average monthly deposits, plaintiff is ordered to pay $14.77, due immediately to the Clerk of the Court, as partial filing fee. Furthermore, payments equal to twenty percent of the plaintiff's monthly income are due monthly, the Nebraska Department of Correctional Services shall forward the collected amount once it exceeds $10 until the filing fees are paid.Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party and institution)(ADB)

8:18-cv-00189-JFB-MDN Doc # 127 Filed: 01/12/22 Page 1 of 2 - Page ID # 639

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
THOMAS D. SAILORS,
Plaintiff,

8:18CV189

vs.
AMENDED ORDER
UNITED STATES ATTORNEY GENERAL,
Defendant.

This matter is before the Court on the order of the 8th Circuit Court of Appeals
stating that “this case is remanded to the district court for calculation and collection of
appellate filing fees pursuant to Henderson v. Norris,129 F.3d 481 (8th Cir. 1997).” Filing
No. 122. The Court has reviewed the motion for leave to appeal in forma pauperis, Filing
No. 119, and granted said motion, Filing No. 120, prior to appeal. Attached to Filing No.
118 is an itemization from the plaintiff prisoner’s trust account. It shows a total of $57.73
dollars in the account on June 29, 2021. The average account balance over the preceding
six months totals $73.87. The average monthly deposits over the preceding six months
totals $12.10.
Pursuant to 28 U.S.C. 1915 (b)(1-2), the prisoner is responsible for paying twenty
percent of either the average monthly deposits in the prisoner’s account; or the average
monthly balance in the prisoner’s account for the 6-month period immediately preceding
the filing of the complaint, whichever is greater. The total fee due and owing is $505.00.
Therefore, since the plaintiff’s monthly balance is greater than his average monthly
deposits, plaintiff is ordered to pay $14.77, due immediately to the Clerk of the Court, as
partial filing fee. Furthermore, payments equal to twenty percent of the plaintiff’s monthly

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8:18-cv-00189-JFB-MDN Doc # 127 Filed: 01/12/22 Page 2 of 2 - Page ID # 640

income are due monthly, the Nebraska Department of Correctional Services shall forward
the collected amount once it exceeds $10 until the filing fees are paid.
SO ORDERED.
Dated this 12th day of January, 2022.
BY THE COURT:
s/ Joseph F. Bataillon
Senior United States District Judge

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