Gosselin v. Kench, et al

Filing 3

ORDER granting 2 Motion to Proceed in forma pauperis as to John T. Gosselin, initial fee of $-0-. While 28 U.S.C. § 1915(b)(1) requires the court assess an initial filing fee, given the plaintiff's current ba lance of $.02 there shall be no initial filing fee assessed. Going forward, however, the plaintiff shall be responsible for monthly payments of 20% of each preceding months income credited to his account, which shall be remitted by the Institution when the amount in the account exceeds $10.00 until the sum of $350.00 has been paid. So Ordered by Magistrate Judge Landya B. McCafferty.Finance Follow Up Deadline 3/4/2013(lml)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

John J. Gosselin
v.

Civil No. 12-cv-514-SM

Christopher Kench, Director, Professional
Standards, NH Department of Corrections, et al.

ORDER GRANTING MOTION TO PROCEED
IN FORMA PAUPERIS
The plaintiff, an inmate at New Hampshire State Prison (“Institution”), has filed a motion
to proceed in forma pauperis in the above-captioned case, which is accompanied by a certificate
signed by an authorized individual from the Institution. The certificate evidences that over the last
six months, the plaintiff’s average deposits have been $17.71 and the plaintiff’s average monthly
balance has been $85.86. Plaintiff has also submitted a signed consent form indicating consent to
permit inmate accounts to make court-ordered payments on his behalf.
The motion to proceed in forma pauperis is GRANTED. While 28 U.S.C. § 1915(b)(1)
requires the court assess an initial filing fee, given the plaintiff’s current balance of $.02 there shall
be no initial filing fee assessed. Going forward, however, the plaintiff shall be responsible for
monthly payments of 20% of each preceding month’s income credited to his account, which shall
be remitted by the Institution when the amount in the account exceeds $10.00 until the sum of
$350.00 has been paid. 28 U.S.C. § 1915(b)(2).
The monthly payments as outlined above shall be forwarded to the Clerk of Court by the
Institution in accordance with this Order. A copy of this Order, along with a copy of the signed

Prisoner Consent Form (doc. no. 2), shall be forwarded by the Court to the Institutions inmate
account department.
SO ORDERED.
_____________________________
Landya B. McCafferty
United States Magistrate Judge
Dated: January 2, 2013
cc: John J. Gosselin, pro se
Inmate Accounts, NHSP