Barnett v. Unknown Federal Marshals
Filing
10
ORDER granting 6 Motion to Proceed in forma pauperis as to Cushaw Banacek Barnett, initial fee of $-0-. Given the plaintiffs current balance there shall be no initial filing fee assessed. In addition, monthly payments of 20% of each preceding months income credited to the plaintiffs 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). So Ordered by Magistrate Judge Landya B. McCafferty.Finance Follow Up Deadline 7/8/2013(jeb)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Cushaw Banacek Barnett
v.
Civil No. 13-cv-39-JL
Unknown Federal Marshals
ORDER GRANTING MOTION TO PROCEED
IN FORMA PAUPERIS
The plaintiff, an inmate at Williamsburg FCI (“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 attachment to the certificate evidences that over
the last six months, the plaintiff’s average deposits have been $0 and the plaintiff’s average monthly
balance has been $.08 (doc. no. 9, at 3). 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 there shall be no
initial filing fee assessed. 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 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. 6), shall be forwarded by the Court to the Institutions inmate
account department.
SO ORDERED.
_____________________________
Landya B. McCafferty
United States Magistrate Judge
Dated: May 9, 2013
cc: Cushaw Banacek Barnett, pro se
Williamsburg FCI Inmate Accounts
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