Swan et al v. Barbadoro et al

Filing 8

ORDER granting 2 Motion to Proceed in forma pauperis as to Steven A. Swan, initial fee of $52.35. Failure to comply with order may result in dismissal. So Ordered by Judge Margaret J. Kravchuk, Sitting by Designation. Followup on Mr. Swan's notice of intent to proceed with action is set for 2/7/2007. (jeb, )

Swan et al v. Barbadoro et al Doc. 8 Case 1:07-cv-00001-GZS Document 8 Filed 01/24/2007 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MAINE STEVEN A. SWAN, Plaintiff v. PAUL J. BARBADORO, et al., Defendants ) Civil No. 07-1p-1 ) ) ORDER GRANTING LEAVE TO PROCEED INFORMA PAUPERIS Plaintiff, an inmate at the Federal Medical Center, Devens, in Ayer, Massachusetts, seeks leave to proceed in forma pauperis. The Application to proceed in forma pauperis has been completed and is accompanied by a Certificate signed by an authorized individual from the Institution. The Certificate evidences that the applicant has $99.28 in his account as ofDecember 21, 2006; that over the last six months the average deposits have been $261.75 and the average monthly balance has been $96.69. The application is GRANTED, however, pursuant to 28 U. S.C. section 1915(b)(1), Plaintiff is required to pay the entire filing fee in this matter as funds become available. An initial partial filing fee is hereby ASSESSED in the amount of $52.35. In the event Plaintiff elects to proceed with this matter and so notifies the Court, the initial partial filing fee shall be forwarded by the institution in accordance with this order. Subsequent payments of twenty percent (20%) of Plaintiff s prior monthly income shall be forwarded directly by the institution each time the amount in the inmate's account exceeds $10.00 until such time as the entire filing fee of $350.00 has been paid. Plaintiff is advised that, in the Dockets.Justia.com Case 1:07-cv-00001-GZS Document 8 Filed 01/24/2007 Page 2 of 2 event he is released from incarceration prior to the filing fee of $350.00 being paid in full, he is still required to pay the entire filing fee, absent further order of the court relieving him of the obligation. In addition, Plaintiff is hereby on notice that the Court may dismiss this action if it: (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted, or (2) seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b). If the Court does dismiss the action under this section, Plaintiff will still be required to pay the filing fee in M. Further, Plaintiff is hereby on notice that a prisoner with three in forma pauperis actions dismissed under section 1915(e) may not thereafter, absent `imminent danger of serious physical injury, file a new action without prepayment of the entire filing fee. 28 U.S.C. § 1915(g). Now therefore, Plaintiff shall notify the Court no later than February 7, 2007, whether he intends to incur the cost of the filing fee and proceed with this action, or whether he intends to forego this litigation at this time. If Plaintiff elects to proceed, he shall clearly indicate in writing that he understands his obligation to pay the full $350 filing fee as funds are available, and he shall forward the initial partial filing fee of $52.35 to the Court together with that written notification to indicate that he nevertheless wishes to proceed with the action. Failure to fully comply with this Order will result in the issuance of a recommendation to dismiss the Complaint. A copy of this Order shall be forwarded to the Business Office ofthe Federal Medical Center, Devens, in Ayer, Massachusetts, following Plaintiffs indication to the Court that he intends to go forward with this matter and incur the $350.00 cost of suit. SO ORDERED . Dated January 24, 2007. /s/ Margaret J. Kravchuk U.S. Magistrate Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?