McCoy v. Alamu
Filing
40
MEMORANDUM OPINION AND ORDER denying 35 MOTION to Alter Judgment (Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3)
United States District Court
Southern District of Texas
ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
PRINCE MCCOY,
TDCJ # 00852958,
Plaintiff,
VS.
MR. ALAMU, et al,
Defendants.
§
§
§
§
§
§
§
§
§
September 20, 2018
David J. Bradley, Clerk
CIVIL ACTION NO. 3:17-CV-0235
ORDER
On August 22, 2018, this Court granted summary judgment for Defendant and
dismissed the civil rights suit brought by state inmate Prince McCoy (Dkt. 32, Dkt. 33).
McCoy has filed a notice of appeal (Dkt. 36). He also has filed a motion for leave to
proceed in forma pauperis on appeal (Dkt. 37) along with a certified copy of his inmate
trust fund account statement. The Prison Litigation Reform Act requires prisoners filing
any civil action or appeal to pay an initial partial filing fee. See 28 U.S.C. ' 1915(b)(1).
The statute 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.
2.
1/2
The motion for leave to proceed in forma pauperis (Dkt. 37) is
GRANTED.
Based on the trust fund account statement furnished by McCoy (Dkt. 38),
the Court assesses an initial partial filing fee of $2.00. The agency having
custody of the plaintiff shall collect this amount from the plaintiff =s inmate
trust fund account or institutional equivalent, when funds are available, and
forward it to the Court.
3.
Thereafter, the plaintiff shall pay $503.00, the balance of the filing fees, 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 512-936-2159, and (2) the TDCJ Inmate Trust Fund, P.O. Box 629,
Huntsville, Texas 77342-0629, fax 936-437-4793.
SIGNED at Galveston, Texas, this 20th day of September, 2018.
___________________________________
George C. Hanks Jr.
United States District Judge
2/2
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?