Gillispie v. Cook et al

Filing 3

ORDER GRANTING PRISONER INFORMA PAUPERIS STATUS AND ORDERING THE COLLECTION OF THE FULL FILING FEE. Signed by Magistrate Judge Sharon L. Ovington on 3/10/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
JOSHUA DARRELL GILLISPIE,
Plaintiff,
vs.
CYNTHIA COOK, et al.,
Defendants.

: Case No. 3:17-cv-61
:
: District Judge Walter H. Rice
: Magistrate Judge Sharon L. Ovington
:
:
:
:
:

ORDER GRANTING PRISONER IN FORMA PAUPERIS STATUS
AND ORDERING THE COLLECTION OF THE FULL FILING FEE

Plaintiff, a prisoner, has filed an application to proceed in forma pauperis pursuant
to 28 U.S.C. § 1915(a) in connection with a civil suit. In accordance with § 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 prison account or the average monthly
balance in his 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
prison account until he 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 has insufficient funds in his prison account to
pay the full filing fee of $400.00; he currently possesses the sum of $.33 as of February

27, 2017 in his prison account; and his average monthly deposits for the six-month period
prior to the filing of the complaint amounted to $102.89.
After consideration by this Court of Plaintiff’s affidavit of indigence only, without
regard to the merits of this case, Plaintiff’s motion to proceed in forma pauperis (Doc. #
2) is hereby GRANTED pursuant to 28 U.S.C. § 1915(a) as follows: Plaintiff is
assessed an initial partial filing fee of $20.58 (20 percent of average monthly deposits).
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, when funds are available in Plaintiff's account, until such initial fee is paid.
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 prison account each time the amount in Plaintiff’s account
exceeds $10.00 until the full amount of the filing fee 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

The Clerk of Court is directed to hold Service of Summons pending initial review
of Complaint.
March 10, 2017

s/Sharon L. Ovington
Sharon L. Ovington
United States Magistrate Judge
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