Barnett v. Lynch

Filing 20

ORDER granting 10 MOTION to Proceed In Forma Pauperis with Custodial Certificate filed by Cushaw Banacek Barnett. Plaintiff shall notify the Court no later than May 17, 2012 whether he intends to incur the cost of the $3 50.00 filing fee and proceed with this action or whether he intends to forego this litigation at this time. So Ordered by Magistrate Judge Margaret J. Kravchuk. Plaintiff's notification to Court to proceed or forego this litigation due 5/17/2012.(jeb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

CUSHAW BANACEK BARNETT,
Plaintiff
v.
DANIEL J. LYNCH,
Defendant

)
)
)
)
) 1:12-cv-00051-JAW
)
)
)
)

ORDER GRANTING LEAVE TO PROCEED
IN FORMA PAUPERIS
Plaintiff, an inmate at Williamsburg, FCI, Salters, South Carolina, 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 $0.91 in his account as of April 5, 2012; that over the
last six months the average deposits have been $47.15 and the average monthly balance has been
$1.90.
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 $9.43. 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 as soon as funds are available. 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 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 full.
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 May 17, 2012, 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, the written notification shall
clearly indicate that Plaintiff understands his obligation to pay the full $350 filing fee as funds
are available, and 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 of FCI Williamsburg, Salters, South
Carolina, following Plaintiff's indication to the Court that he intends to go forward with this
matter and incur the $350.00 cost of suit.
SO ORDERED.
April 27, 2012

/s/ Margaret J. Kravchuk
U.S. Magistrate Judge