Kelley v. United States of America

Filing 16

ORDER GRANTING IFP STATUS ON APPEAL. Signed by US Magistrate Judge John E. Simko on 7/24/13. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

PILED

JUL 2 ; 20

13

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THOMAS R. KELLEY,
Plaintiff,
vs.
US ATTORNEY'S OFFICE (Law Finn)
OF SOUTH DAKOTA; JOHN DOE, the
local/state legal individual capacity entity
whose interest was represented in the case
against Thomas Kelley in Case No.
4:08-CR-40173-LLP-l with them under
the name UNITED STATES OF AMERICA;
OFFICE OF THE US ATTORNEY for the
State of South Dakota and the individual
occupant executing for that office as US
Attorney; UNITED STATES COURTS
entity doing business as, by, through
and generating revenue with individual
officers of the United States District Court
(Agency); The unknown individual officer
responsible for convening the grand jury
as if it is an administrative act here
and the individual and office responsible
for supervision, direction, and control
of such agent/agency; Other unknown but
ostensible actors and those failing to
act thereby aiding the progression and
appearance of legality of the proceedings
against Claimant/Relator and his liberty,
rights, property, and rights.

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CLERIC

CIV.12-4150

ORDER DETERMINING
IFP STATUS ON APPEAL

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Defendants.
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The Eighth Circuit has issued a limited remand ordering this court to (I) detennine plaintiff's
in fonna pauperis status; (2) assess the appellate filing and docketing fees; and (3) collect such fees

pursuant to Henderson v. Norris, 129 F.3d 481 (8th Cir. 1997) and the provisions of the Prison

Litigation Refonn Act, 28 U.S.C. § 1915.
Upon the record it is hereby ORDERED that:
1.

Plaintiff is GRANTED in fonna pauperis status on appeaL

2.

The institution having custody of the plaintiff is hereby directed that whenever the
amount in plaintiffs trust account exceeds $10.00, monthly payments that equal 20%
of the funds credited the preceding month to the plaintiffs trust account shall
be forwarded to the U.S. District Court Clerk's Office pursuant to 28 U.S.C. §
1915(b)(2), until the appellate filing fee is paid in full.

Dated this

rt

day of July, 2013.
BY THE COURT:

Unit

2

<.

tates Magistrate Judge