Talton v. Ellis County Sheriff's Office
Filing
27
Order Accepting 23 Findings and Recommendations. I am of the opinion that the Findings, Conclusions, and Recommendation of the Magistrate Judge regarding in forma pauperis status on appeal are correct, and they are hereby ACCEPTED as the Findings of the Court. Accordingly, Petitioner's application to proceed in forma pauperis on appeal [Dkt. No. 23] is DENIED. (Ordered by Judge David C Godbey on 8/25/2014) (ndt)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
ROBERT RAY TALTON
(TDCJ No. 1891182),
Plaintiff,
V.
ELLIS COUNTY SHERIFF’S OFFICE,
ET AL.,
Defendants.
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No. 3:13-cv-4571-N
ORDER
After conducting a review of the pleadings, files and records in this case, and the
Findings, Conclusions, and Recommendation of the United States Magistrate Judge
in accordance with 28 U.S.C. § 636(b)(1), I am of the opinion that the Findings,
Conclusions, and Recommendation of the Magistrate Judge regarding in forma
pauperis status on appeal are correct, and they are hereby ACCEPTED as the Findings
of the Court. Accordingly, Petitioner’s application to proceed in forma pauperis on
appeal [Dkt. No. 23] is DENIED.
The filing fee for an appeal is $505.00. Pursuant to Baugh v. Taylor, 117 F. 3d
197, 202 n.22 (5th Cir. 1997), the Court orders as follows:
1.
The agency having custody of Plaintiff shall, when funds exist, in Plaintiff’s
inmate trust account or institutional equivalent, forward to the Court an initial partial
filing fee of $0.00.
2.
Plaintiff shall pay $505.00, the balance of the filing fee, in monthly installments
as provided in 28 U.S.C. § 1915(b)(1). After payment of the initial partial filing fee, if
any, the agency having custody of Plaintiff shall deduct 20% of each deposit made to
Plaintiff’s inmate trust account and forward payments to the Court on a regular basis
provided the account exceeds $10.00.
3.
If Plaintiff moves the United States Court of Appeals for the Fifth Circuit to
proceed in forma pauperis on appeal, the Clerk of Court shall mail a copy of this order
to the inmate accounting office or other person(s) or entity with responsibility for
collecting and remitting to this Court interim filing payments on behalf of prisoners,
as designated by the facility in which the prisoner is currently or subsequently
confined.
SO ORDERED this 25th day of August, 2014.
DAVID C. GODBEY
UNITED STATES DISTRICT JUDGE
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