Garcia-Muniz v. Musquiz C.

Filing 16

Initial Partial Filing Fee and Collection Order as to Rolando Andres Garcia-Munoz; granting 5 MOTION/APPLICATION to Proceed In Forma Pauperis, 10 MOTION/APPLICATION to Proceed In Forma Pauperis (Signed by Magistrate Judge Jason B Libby) Parties notified. Copy mailed to Inmate Accounting Officer, Three Rivers, TX. (amireles, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ROLANDO ANDRES GARCIA-MUNIZ, §
§
Plaintiff,
§
VS.
§
§
MUSQUIZ C.,
§
§
Defendant.
§

May 24, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 2:17-CV-79

INITIAL PARTIAL FILING FEE AND COLLECTION ORDER
Plaintiff Rolando Andres Garcia-Muniz BOP No. 74469-079 has applied for
leave to proceed in forma pauperis (D.E. 5, 10). 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. Plaintiff’s applications to proceed in
forma pauperis (D.E. 5, 10) are GRANTED. 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 $160.66, 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
3.

The plaintiff shall pay $189.34 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. 28 U.S.C.
§ 1915(b)(2).
4.

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.
5.

Service of process will be withheld pending judicial screening pursuant to

28 U.S.C. § 1915A.
6.

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.
7.

All discovery in this case is stayed until an answer is filed.

8.

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).
1

Plaintiff’s Prisoner Trust Fund Account Statement (D.E. 15) does not include calculations for his average monthly
deposits to the prisoner’s account or the 6-month average balance in the prisoner’s account. The most Plaintiff had
in his account was $5,130.05 on August 10, 2016. Most recently, on February 20, 2017, the account balance was
$134.57. The undersigned determined Plaintiff’s average balance for the applicable time period to be $803.29.

9.

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.
10.

The Clerk of Court will send a copy of this Order to the Inmate Accounting

Officer and Paralegal Specialist, FCI Three Rivers, P.O. Box 4000, Three Rivers, Texas
78071.
ORDERED this 24th day of May, 2017.
___________________________________
Jason B. Libby
United States Magistrate Judge

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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).

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
ROLANDO ANDRES GARCIA-MUNIZ, §
§
Plaintiff,
§
VS.
§
§
MUSQUIZ C.,
§
§
Defendant.
§

CIVIL ACTION NO. 2:17-CV-79

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

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