Nelson v. Wiley

Filing 8

ORDER granting 2 Motion to Proceed in forma pauperis as to Ernie H. Nelson. While 28 U.S.C. § 1915(b)(1) requires the court assess an initial filing fee, given the plaintiffs current balance is $.03 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 10/9/2012(jeb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Ernie H. Nelson
a/k/a Adbull Shaikh Shabaz
v.

Civil No. 12-cv-203-PB

Daniel Wiley

ORDER GRANTING MOTION TO PROCEED
IN FORMA PAUPERIS
The plaintiff, an inmate at Hillsborough County Department of Corrections (“Institution”),
has filed a motion to proceed in forma pauperis in the above-captioned case and a certificate
signed by an authorized individual from the Institution indicating a balance on the account of $03.
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 is $.03 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 initial partial filing fee, and monthly payments thereafter 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. 7), shall be forwarded by
the Court to the Institutions inmate account department.
SO ORDERED.
_____________________________
Landya B. McCafferty
United States Magistrate Judge
Dated: August 8, 2012
cc: Ernie H. Nelson, pro se
Hillsborough County Department of Corrections, Inmate Accounts