Heid et al v. Mohr et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS in so far as it denies Plaintiff Damron in forma pauperis status; OVERRULING the Report and Recommendation to the extent it requires Plaintiff Damron to pay $400. DENYING Plaintiff Damrons Motion for Lea ve to Proceed in forma pauperis. Plaintiff Damron is hereby ORDERED to pay the required $200 filing fee within TWENTY-ONE (21) DAYS if he intends to proceed. Signed by Judge Algenon L. Marbley on 5/4/2018. (cw)(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
RAY SCOTT HEID et al.,
Plaintiffs,
v.
GARY MOHR, et al.,
Defendants.

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Case No. 2:18-CV-00311
JUDGE ALGENON L. MARBLEY
Magistrate Judge Deavers

ORDER
This matter comes before the Court on the Magistrate Judge’s April 16, 2018 Report and
Recommendation (ECF No. 6), which recommends that Plaintiff James E. Damron’s Motion for
Leave to Proceed in forma pauperis (ECF No. 3) be denied and that he pay required to pay the
$400 filing fee. Plaintiff Damron objected to the Report and Recommendation on April 27,
2018, arguing “one cannot subtract the filing fee of $400.00 from Plaintiff’s access to $245.54,”
which is Plaintiff Damron’s average monthly deposit. (ECF No. 8 at ¶ 8).
Given that Plaintiff Damron is one of two named plaintiffs in this action, however, he is
only required to pay $200, or one-half of the required $400 filing fee. To the extent the Report
and Recommendation requires Plaintiff Damron to pay $400, it is therefore OVERRULED.
The Court ADOPTS, however, the Report and Recommendation in so far as it denies Plaintiff
Damron in forma pauperis status. Plaintiff Damron’s financial affidavit shows that he can pay
the necessary $200, as his average monthly deposit is $245.54 and his total deposits from
October 10, 2017 to April 10, 2018 exceed $1400. Thus, Plaintiff Damron’s Motion for Leave to
Proceed in forma pauperis (ECF No. 3) is hereby DENIED.

Plaintiff Damron is hereby

ORDERED to pay the required $200 filing fee within TWENTY-ONE (21) DAYS if he intends
to proceed.
IT IS SO ORDERED.
s/ Algenon L. Marbley
ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE
DATED: May 4, 2018

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