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)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DANNY DEWAYNE BREWER,
Plaintiff,
v.
DEANA GILROY, et al.,
Defendants.

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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.

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