Richardson v. Gardner et al

Filing 26

MEMORANDUM OPINION AND ORDER granting 24 MOTION/APPLICATION to Proceed In Forma Pauperis (Signed by Judge George C Hanks, Jr) Parties notified. Copies mailed 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
STEPHEN RICHARDSON,
TDCJ # 01795088,
Plaintiff,
VS.
JUANITA VASQUEZ GARDNER, et al,
Defendants.

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August 17, 2018
David J. Bradley, Clerk

CIVIL ACTION NO. 3:18-CV-0065
APPEAL NO. 18-40721

MEMORANDUM OPINION AND ORDER
On July 13, 2018, this Court dismissed the civil rights suit filed by state inmate
Steven Richardson (Dkt. 18, Dkt. 19). Richardson has filed a notice of appeal (Dkt. 20).
He also has filed a motion for leave to proceed in forma pauperis on appeal (Dkt. 24)
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.

The motion for leave to proceed in forma pauperis (Dkt. 24) is
GRANTED.

2.

Based on the trust fund account statement furnished by Richardson (Dkt. 25), the
Court assesses an initial partial filing fee of $8.00. 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 $497.00, 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 [phone], and (2) the TDCJ Inmate Trust Fund, P.O. Box 629,
Huntsville, Texas 77342-0629, fax [phone].
SIGNED at Galveston, Texas, this 17th day of August, 2018.
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George C. Hanks Jr.
United States District Judge

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