Hawkins v. Colvin et al
Filing
6
ORDER for Initial Partial Filing Fee and Collection Order as to Melchor Hawkins, Jr.; terminating 4 MOTION/APPLICATION to Proceed In Forma Pauperis (Signed by Magistrate Judge Jason B Libby) Parties notified. Copy mailed to TDCJ - Office of the General Counsel.(lcayce, 2)
United States District Court
Southern District of Texas
ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MELCHOR HAWKINS JR.,
Plaintiff,
VS.
CAROLYN W. COLVIN, et al,
Defendants.
§
§
§
§
§
§
§
§
July 20, 2016
David J. Bradley, Clerk
CIVIL ACTION NO. 2:16-CV-271
INITIAL PARTIAL FILING FEE AND COLLECTION ORDER
Plaintiff has applied for leave to proceed in forma pauperis (D.E. 4). The Prison
Litigation Reform Act (PLRA) requires prisoners filing lawsuits to pay an initial partial
filing fee. The Act also requires prisoners to pay the balance of the full filing fee of
$350.00. The Court has considered the application in light of the PLRA. The Court
ORDERS that:
1.
The Clerk shall file the plaintiff’s pleadings without prepayment of the
filing fee.
2.
The institution having custody of plaintiff shall forward to the United States
District Court the initial partial filing fee of $53.58, see 28 U.S.C. § 1915(b)(1) (requiring
initial partial filing fee of 20% of either the average monthly deposits to the prisoner’s
account or 6-month average balance in the prisoner’s account, whichever is greater), as
soon as such funds are available in the plaintiff’s inmate trust account.
1/5
3.
The plaintiff shall pay $296.42 the balance of the full filing fee, in monthly
installments to the United States District Court as provided in 28 U.S.C. § 1915(b)(2).
4.
The institution having custody of plaintiff shall deduct 20% of each deposit
made to the plaintiff’s inmate trust account and forward payments to the United States
District Court on a regular basis provided the account exceeds $10.00.
5.
The plaintiff shall sign all consents and other documents required by the
agency having custody of plaintiff to authorize the necessary withdrawal from the
plaintiff’s inmate trust account.
6.
Service of process will be withheld pending judicial screening pursuant to
28 U.S.C. § 1915A.
7.
No amendments or supplements to the complaint will be filed without prior
court approval. A complete amended complaint will be attached to any motion to amend.
8.
All discovery in this case is stayed until an answer is filed.
9.
No motions for appointment of counsel shall be filed until the Court has
completed its screening pursuant to 28 U.S.C. § 1915A, which may include a hearing
under Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).
10.
The plaintiff must notify the Court of any change of address by filing a
written notice of change of address with the Clerk. Failure to file such notice may result
in this case being dismissed for want of prosecution.
2/5
11.
The Clerk of Court will send a copy of this Order by certified or first class
mail or by other electronic means to TDCJ–Office of the General Counsel, P.O. Box
13084, Austin, Texas 78711.
ORDERED this 20th day of July, 2016.
___________________________________
Jason B. Libby
United States Magistrate Judge
3/5
NOTICE TO PLAINTIFF:
If you do not wish to pay the filing fee as set forth in this Order, you must notify
the Court in writing, by letter or motion, that you do not wish to prosecute this civil
action. Your notice must be mailed within thirty (30) days from the entry of this order.
Payment of all or any part of the full filing fee will not prevent dismissal of the complaint
if it is frivolous, malicious, fails to state a claim upon which relief may be granted, or
seeks monetary relief from a defendant who is immune from such relief. If the case is
dismissed on any of those grounds before payment of the entire filing fee, the plaintiff
must still pay the entire filing fee. State law requires the forfeiture of good conduct time
credits as a sanction for any state or federal lawsuit brought by an inmate while in the
custody of the Texas Department of Criminal Justice–Correctional Institutions Division,
which is dismissed as frivolous or malicious. TEX. GOVT. CODE ANN. § 498.0045.
When a prisoner has had three or more prior actions or appeals dismissed for being
frivolous, malicious, or failing to state a claim upon which relief may be granted, federal
law prohibits the prisoner from bringing any more actions or appeals in forma pauperis
unless the plaintiff is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g).
4/5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
MELCHOR HAWKINS JR.,
Plaintiff,
VS.
CAROLYN W. COLVIN, et al,
Defendants.
§
§
§
§
§
§
§
§
CIVIL ACTION NO. 2:16-CV-271
MOTION FOR VOLUNTARY DISMISSAL
I, _______________________, plaintiff, seek voluntary dismissal under FED. R.
CIV. P. 41(a) because I do not want to pay the filing fee in this case.
______________________________
Plaintiff
______________________________
Date
5/5
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?