Knox v. Sockey et al

Filing 5

OPINION AND ORDER by Judge Ronald A. White ; granting 2 Motion for Leave to Proceed in Forma Pauperis(acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA

A N T O N E L. KNOX, Plaintiff, v. W .A . SOCKEY, ET AL., Defendant(s).

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No. CIV 09-274-RAW

O R D E R GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS P la in tif f , a prisoner appearing pro se and seeking to bring a civil action, has filed a m o tio n to proceed in forma pauperis and supporting affidavit in conformance with 28 U.S.C. § 1915(a), as amended by the Prison Litigation Reform Act of 1995 (PLRA). Having re v ie w e d the motion, the court finds plaintiff lacks sufficient funds with which to pay an in itia l partial filing fee. Therefore, plaintiff is entitled to proceed without prepayment of the f i lin g fee, and the motion is GRANTED. Pursuant to 28 U.S.C. § 1915(b)(1), however, p lain tiff shall be required to pay the full $350.00 filing fee as set forth below. I T IS HEREBY ORDERED that plaintiff shall make monthly payments of 20 p e rc e n t of the preceding month's income credited to his prison account(s), until he has paid th e total filing fee of $350.00. 28 U.S.C. § 1915(b)(2). Monthly payments collected from p la in tif f 's prison account(s) shall be forwarded to the Clerk of Court each time the account b a l a n ce exceeds $10.00, until the full $350.00 filing fee is paid. Separate deductions and p a ym e n ts shall be made with respect to each action or appeal filed by plaintiff. The PLRA re q u ire s the district court to assess and collect the $350.00 filing fee even when a case is

d is m is s e d before summons and complaint. See 28 U.S.C. § 1915(b)(1). I T IS FURTHER ORDERED THAT The agency having custody of plaintiff shall c o llec t and forward such monthly payments to the Clerk of Court until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2). Interference by plaintiff in the submission of these funds s h a ll result in the dismissal of this action. P la in tif f is advised that notwithstanding any filing fee, or any portion thereof, that may h a v e been paid, the court shall dismiss at any time all or any part of such complaint which (1 ) is frivolous or malicious, (2) fails to state a claim on which relief can be granted, or (3) s e e k s monetary relief from a defendant who is immune from such relief. 28 U.S.C. §§ 1 9 1 5 A , 1915(e). Plaintiff is further advised that the monthly payments will continue to be c o ll e c te d until full payment of the filing fee has been received by the court even after d is p o s itio n of the case, and regardless of whether relief is granted or denied. IT IS FURTHER ORDERED that the Clerk of Court shall not issue process until f u rth e r order of the court. I T IS FURTHER ORDERED that the Clerk of Court send a copy of this order to p la in tif f 's custodian and the trust fund officer at his institution. I T IS SO ORDERED this 20th day of July, 2009.

D a te d this 20 t h Day of July 2009.

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