Narro v. Edwards et al

Filing 42

ORDER GRANTING 37 Application for Leave to Proceed In Forma Pauperis(Signed by Judge George C Hanks, Jr) Parties notified. Copies to TDCJ Office of General Counsel and Inmate Trust Fund. (dperez, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
FERNANDO S. NARRO,
TDCJ # 02101682,
Plaintiff,
VS.
E EDWARDS, et al,
Defendants.

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October 29, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:16-CV-0310
APPEAL NO. 18-40912

ORDER
On August 28, 2018, this Court granted summary judgment for Defendants and
dismissed the civil rights suit brought by state inmate Fernando S. Narro (Dkt. 32, Dkt.
33).

Narro has filed a motion for leave to proceed in forma pauperis on appeal (Dkt.

37). Because the plaintiff is incarcerated, this case is governed by the Prison Litigation
Reform Act (the “PLRA”). The PLRA requires prisoners to pay an initial partial filing
fee for all civil actions and appeals. 28 U.S.C. § 1915(b)(1). The PLRA also requires
prisoners to pay the balance of the full appellate filing fee ($505.00). Because the appeal
does not appear to have been taken in bad faith, see FED. R. APP. P. 24(a)(3)(A), and
based on the certified inmate trust fund account statement (Dkt. 40) submitted by Narro,
the Court ORDERS that:
1.
GRANTED.

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The application for leave to proceed in forma pauperis (Dkt. 37) is

2.

The plaintiff is not assessed an initial partial filing fee because the

documentation provided in support of his motion shows that he lacks the requisite funds.
3.

The plaintiff shall pay $505.00, the balance of the full filing fee, in periodic

installments as required by 28 U.S.C. § 1915(b). The agency shall collect this amount
from the plaintiff=s trust account, when available, 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 copies of this order to the parties, and will provide a copy
by regular mail, facsimile transmission, 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 Inmate Trust Fund, P.O. Box 629, Huntsville, Texas 773420629, fax [phone].
SIGNED at Galveston, Texas, this 29th day of October, 2018.
___________________________________
George C. Hanks Jr.
United States District Judge

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