Cheney v. Harwood et al

Filing 3

ORDER granting 2 MOTION to Proceed In Forma Pauperis with Financial Affidavit, Custodial Certificate, and Prisoner Consent Form filed by Michael G. Cheney, initial fee of $83.49. So Ordered by Magistrate Judge Daniel J. Lynch.Finance Follow Up Deadline 4/22/2013(jeb)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Michael G. Cheney v. Civil No. 13-cv-67-JD Wade Harwood, et al. ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS The plaintiff, an inmate at New Hampshire State Prison for Men (“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 $292.68 and the plaintiff’s average monthly balance has been $417.46. 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; however, pursuant to 28 U.S.C. § 1915(b)(1), an initial filing fee is assessed in the amount of $83.49. In addition, monthly payments of 20% of each preceding month’s income credited to the plaintiff’s account 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. 2), shall be forwarded by the Court to the Institutions inmate account department. SO ORDERED. /s/ Daniel J. Lynch Daniel J. Lynch United States Magistrate Judge Dated: February 19, 2013 cc: Michael G. Cheney, pro se New Hampshire State Prison Inmate Accounts

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