McCain v. Jenkins et al

Filing 15

ORDER re IFP status. Signed by Magistrate Judge Terence P. Kemp on 12/3/2016. (agm)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Michael D. McCain, Sr.,

:

Plaintiff,

:
:

v.
Warden, Chillicothe
Correctional Inst., et al.,

Case No. 15-cv-1262
JUDGE MICHAEL H. WATSON
Magistrate Judge Kemp

:

Defendants.

:
ORDER

Plaintiff's affidavit reveals that he currently possesses the
sum of $7.86 in his prison account which is insufficient to pay
the full filing fee.

His application indicates that his average

monthly balance for a six-month period prior to filing his
application to proceed in forma pauperis was unknown.

His

application further indicates that his average monthly deposits
for a six-month period prior to filing his application to proceed
in forma pauperis were $20.16.

In accordance with 28 U.S.C.

§1915(b)(1), §804(a)(3) of the Prison Litigation Reform Act, Pub.
L. No. 104-134, 110 Stat. 1321, plaintiff must pay an initial
partial filing fee of 20 percent of the greater of these amounts.
The greater amount is $20.16 therefore, plaintiff's initial
partial filing fee is $3.36 ($20.16 x .20 = $3.36).

That sum

should be deducted from plaintiff's prisoner account, when funds
are available, until the initial partial filing fee is paid. Once
the initial partial filing fee is paid, the prison cashier's
office shall deduct and forward to the Court 20% of the preceding
month's income credited to the prisoner's account if, during that
month, the balance of that account exceeded $10, until the full
fee has been paid.

28 U.S.C. §1915(b)(2).

If plaintiff is

transferred to another prison, the cashier should forward this

Order to that institution's cashier so that the cashier can
collect and remit the monthly partial payment.
Checks are to be made payable to:
Clerk, U.S. District Court
Checks are to be sent to:
Prisoner Accounts Receivable
Joseph P. Kinneary United States Courthouse
Room 121
85 Marconi Blvd.
Columbus, OH 43215
The prisoner's name and case number must be noted on each
remittance.
A prisoner may not be prohibited from bringing a civil action
because he has no assets and no means to pay the initial filing
fee.

28 U.S.C. §1915(b)(4), Id., §804(a)(3).

If plaintiff does

not currently possess the funds to pay the initial filing fee,
the amount assessed by this Court will be collected from
plaintiff's prison account when such funds become available.
WHEREUPON, it is ORDERED that plaintiff be allowed to
prosecute his action without prepayment of fees or costs and that
judicial officers who render services in this action shall do so
as if the costs had been prepaid.
IT IS FURTHER ORDERED that Plaintiff’s motion to amend (Doc.
5) and his motions to supplement (Docs. 8 and 13) are granted.
The United States Marshal is directed to serve by certified mail
upon each defendant named in part III, B and C of the form civil
rights complaint a summons, a copy of the complaint, a copy of
Doc. 5 Doc. 8, Doc. 13, and a copy of this Order.
The Clerk of Court is DIRECTED to mail a courtesy copy of the
complaint and a copy of this Order to the Attorney General of
Ohio, Criminal Justice Section, 30 East Broad Street, 26th Floor,
Columbus, Ohio 43215.

Each defendant is ORDERED to answer or
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otherwise respond to the complaint within forty-five (45) days
after being served with a copy of the complaint and summons.
The Clerk of Court is DIRECTED to mail a copy of this Order
and the attached instructions, which are hereby incorporated
herein, to the plaintiff and the prison cashier's office.

The

Clerk is FURTHER DIRECTED to forward a copy of this Order to the
Court's financial office in Columbus.

/s/ Terence P. Kemp
United States Magistrate Judge

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INSTRUCTIONS FOR PAYMENT OF PRISONER FILING FEE AND
SUBSEQUENT INSTALLMENT PAYMENTS
__________________________________________________________________
The prisoner shown as the plaintiff on the attached order has filed a civil action in
forma pauperis in this court and owes the court a filing fee. Pursuant to 28 U.S.C.
§1915(b)(1) and (2), the fee is to be paid as follows:
The initial partial fee listed on the attached order should be deducted by the
prison cashier's office from the prisoner's account, when funds are available
therein, until the initial partial fee is paid. A check (or checks) in the appropriate
amount(s) should be attached to a form like that accompanying these
instructions and sent to the address indicated below.
Following the payment of the initial partial fee and continuing thereafter until
the full fee has been paid, monthly payments of 20% of the preceding month's
income credited to the prisoner's account should be deducted and forwarded to
the court each time the amount in the account exceeds $10.
If the prisoner has filed more than one complaint in this district, (s)he is required to pay
a fee in each case. The prison cashier's office shall make the monthly calculations and
payments for each case in which it receives an order granting in forma pauperis status
and these instructions. The prisoner's name and case number must be noted on each
remittance.
Checks are to be made payable to:
Clerk, U.S. District Court
Checks are to be sent to:
Prisoner Accounts Receivable
Joseph P. Kinneary United States Courthouse
Room 121
85 Marconi Blvd.
Columbus, OH 43215

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