Wilson v. Nix et al

Filing 69

ORDER granting 66 Motion for Leave to Appeal in forma pauperis; granting 67 Motion for Leave to Proceed in forma pauperis.(Signed by Judge George C Hanks, Jr) Parties notified. Copies to TDCJ Office of General Counsel and to TDCJ Inmate Trust Fund.(dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
PAUL WILSON,
TDCJ # 01739074,
Plaintiff,
VS.
WILLIAM E NIX, et al,
Defendants.

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May 18, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:14-CV-321

ORDER GRANTING MOTION FOR
LEAVE TO PROCEED IN FORMA PAUPERIS
On March 12, 2018, this Court granted the defendants’ motion for summary
judgment and dismissed the civil rights suit filed by state inmate Paul Wilson. Wilson
has filed a notice of appeal from that decision (Dkt. 58). He has also filed a motion for
leave to proceed in forma pauperis on appeal, along with a certified copy of his inmate
trust fund account statement (Dkt. 66, 67, & 68). The Prison Litigation Reform Act (the
“PLRA”) requires prisoners filing any civil action or appeal to pay an initial partial filing
fee. See 28 U.S.C. § 1915(b)(1). The PLRA also requires prisoners to pay the balance of
the full appellate filing fee of $505. Because the appeal does not appear to have been
taken in bad faith, see FED. R. APP. P. 24(a)(3)(A), the Court ORDERS as follows:
1.

The motion for leave to proceed in forma pauperis (Dkt. 66, 67) is
GRANTED.

2.

Because the certified trust fund account statement (Dkt. 68) supplied by the
plaintiff shows that he lacks the requisite funds, the plaintiff is not assessed
an initial filing fee.

3.

The plaintiff shall pay $505.00, the balance of the filing fee, in periodic
installments as required by 28 U.S.C. § 1915(b). The agency shall collect
this amount from the plaintiff=s inmate trust account or institutional
equivalent and forward it to the Court.

4.

The plaintiff is responsible for signing 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.

The Clerk will send a copy of this order to the parties. The Clerk will also
provide a copy of this order by regular mail, facsimile, or e-mail to: (1) the TDCJ Office of the General Counsel, Capitol Station, P.O. Box 13084, Austin, Texas
78711, fax [phone], and (2) the TDCJ Inmate Trust Fund, P.O. Box 629,
Huntsville, Texas 77342-0629, fax [phone].
SIGNED at Galveston, Texas, this 18th day of May, 2018.
___________________________________
George C. Hanks Jr.
United States District Judge

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