Brewer v. Gilroy et al

Filing 10

OPINION AND ORDER by Judge Ronald A. White : Granting 9 Motion for Relief to release funds for the initial filing fee. (acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA DANNY DEWAYNE BREWER, Plaintiff, v. DEANA GILROY, et al., Defendants. ) ) ) ) ) ) ) ) ) No. CIV 13-471-RAW-SPS OPINION AND ORDER On October 21, 2013, the court directed plaintiff to pay an initial partial filing fee of $38.12 to proceed in this action [Docket No. 5]. He subsequently filed a motion seeking relief with respect to payment of the fee, alleging his request to prison officials for release of funds to pay the fee was denied [Docket No. 9]. He has submitted a copy of his November 5, 2013, Request to Staff in which the staff’s response stated plaintiff did not have enough money in his account to pay the required fee [Docket No. 9 at 5]. A review of plaintiff’s motion for leave to proceed in forma pauperis, however, indicates he had balances of $108.78 in his savings account and $0.46 in his draw account on September 25, 2013 [Docket No. 2 at 3]. . . . Funds from [an inmate’s mandatory savings] account may be used by the inmate for fees or costs in filing a civil or criminal action as defined in Section 151 et seq. of Title 28 of the Oklahoma Statutes or for federal action as defined in Section 1911 et seq. of Title 28 of the United States Code . . . . Okla. Stat. tit. 57, § 549(A)(5). 28 U.S.C. § 1911 concerns payment of “[t]he fees of the clerk, cost of serving process, and other necessary disbursements incidental to any case before the [United States Supreme Court].” See also 28 U.S.C. § 1914 (filing fees for federal district courts). ACCORDINGLY, plaintiff’s motion for relief regarding release of funds [Docket No. 9] is GRANTED, and his custodian is directed to release funds within ten (10) days for payment of the $38.12 initial partial filing fee. The Court Clerk is directed to send a copy of this order to plaintiff’s custodian and to the trust fund officer at his facility. IT IS SO ORDERED this 16th day of December 2013. 2

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