Demos v. United States of America

Filing 5

ORDER GRANTING IN FORMA PAUPERIS STATUS. Signed by Magistrate Judge Michael R Merz on 4/13/2010. (kpf1)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
JOHN R. DEMOS, Plaintiff, -vs: UNITED STATES OF AMERICA, Defendant. : Case No. 3:10-cv-116 District Judge Thomas M. Rose Magistrate Judge Michael R. Merz

ORDER GRANTING IN FORMA PAUPERIS STATUS

Plaintiff John R. Demos, a prisoner, brought this action pro se seeking a writ of habeas corpus ad testificandum and has filed an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(Doc. No. 1). Upon the Court's Order (Doc. No. 3), Plaintiff has now filed an amendment to that Application (Doc. No. 4). In accordance with section 804(a)(3) of the Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321, amending 28 U.S.C. § 1915, plaintiff must pay an initial partial filing fee of 20 percent of the greater of the average monthly deposits to his or her prison account or the average monthly balance in his or her account for the six-month period immediately preceding the filing of the complaint. After payment of the initial partial filing fee, plaintiff is further required to make monthly payments of 20 percent of the preceding month's income credited to his or her prison account until he or she pays the full amount of the filing fee. Prison Litigation Reform Act of 1995, Pub. L. No. 104-134, 110 Stat. 1321, 804(a)(3). Plaintiff's application reveals that he or she has insufficient funds in his or her prison account to pay the full filing fee; he or she currently possesses the sum of $123.85 as of March 31, 2010, in
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his or her prison account; his or her average monthly balance for the six month period prior to the filing of the complaint was $0.21; and his or her average monthly deposits for the six-month period prior to the filing of the complaint amounted to $22.31. After consideration by this Court of the plaintiff's affidavit of indigence only, without regard to the merits of this case, plaintiff's motion to proceed in forma pauperis is hereby GRANTED pursuant to 28 U.S.C. § 1915(a) as follows: Plaintiff is assessed an initial partial filing fee of $4.46 (20 percent of average monthly deposits/20 percent of average monthly balance). The incarcerating institution is ORDERED to forward from plaintiff's prison account to the Clerk of Court located in Dayton, Ohio, the initial partial filing fee assessed against plaintiff forthwith. Thereafter, the incarcerating institution is ORDERED to forward to the Clerk of Court located in Dayton, Ohio, monthly payments of 20 percent of plaintiff's preceding month's income credited to his or her prison account each time the amount in plaintiff's accounts exceeds $10.00 until the full amount of the filing fee ($350.00) is paid. 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 Room 712 200 West Second Street Dayton, Ohio 45402 No process shall be issued pending further order of the Court. April 13, 2010.
s/ Michael R. Merz United States Magistrate Judge

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