De'lonta v. Johnson et al

Filing 17

ORDER of USCA as to 12 Notice of Interlocutory Appeal filed by Ophelia Azriel De'lonta

Appeal: 11-6924

Document: 6

Date Filed: 08/01/2011

Page: 1 of 3

FILED: August 1, 2011
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
___________________
No. 11-6924
(7:11-cv-00257-JCT)
___________________

OPHELIA AZRIEL DE'LONTA
Plaintiff - Appellant
v.
GENE JOHNSON, Director of VDOC; FRED SCHILLING, Director of Health
Services for VDOC; MEREDITH R. CAREY, Chief Psychiatrist for VDOC;
GARY L. BASS, Chief of Operations, VDOC; W. P. ROGERS, Assistant Deputy
Director of Operations, VDOC; GERALD K. WASHINGTON, Regional Director,
Central Regional Office for the VDOC; EDDIE PEARSON, Warden of Powhatan
Correctional Center, VDOC; ANTHONY SCOTT, Chief of Security at Powhatan
Correctional Center; ROBERT L. HULBERT, PhD., Mental Health Director for the
VDOC; LARRY EDMONDS, Warden, Buckingham Correctional Center, VDOC;
MAJOR C. DAVIS, Chief of Security of Buckingham Correctional Center; LISA
LANG, Staff Psychologist; TONEY, Counselor at Buckingham Correctional
Center; LOU DIXON, Registered Nurse Manager, Buckingham Correctional
Center
Defendants - Appellees
___________________
ORDER
___________________
Ophelia De'lonta, #1014174 , has applied to proceed without prepayment of
fees and given written consent to the collection in installments of the filing fee from

Appeal: 11-6924

Document: 6

Date Filed: 08/01/2011

Page: 2 of 3

appellant's trust account in accordance with the terms of the Prison Litigation
Reform Act, 28 U.S.C. § 1915(b)(PLRA). The court grants appellant leave to
proceed without full prepayment of fees and directs that:
an initial partial fee of 20 percent of the greater of the
average monthly deposits or average monthly balance for
the six-month period immediately preceding the filing of
the notice of the appeal be paid from appellant's trust
account when funds are available; and
monthly payments of 20 percent of the preceding month's
income be collected from the appellant's trust account and
forwarded to the Clerk, U.S. District Court, each time the
amount in the account exceeds $10 until the filing fee has
been paid in full.
If an inmate has been ordered to make PLRA payments in more than one
action or appeal in the federal courts, the total amount collected for all cases cannot
exceed 20 percent of the inmate's preceding monthly income or trust account
balance, as calculated under 28 U.S.C. § 1915(b)(1) & (2).
Fees for this appeal shall be paid as follows:
*Total Fee: $455
* All payments shall include:
Appeal No.: 11-6924
Civil Action No.: 7:11-cv-00257-JCT
* All payments shall be mailed to:
Clerk, U.S. District Court
210 Franklin Road, SW
Roanoke, VA 24011

Appeal: 11-6924

Document: 6

Date Filed: 08/01/2011

Page: 3 of 3

In the event appellant is transferred to another institution, the balance due
shall be collected and paid to the clerk by the custodian at appellant's next
institution. Appellant's custodian shall notify the Clerk, U. S. District Court, in the
event appellant is released from custody.
This order is subject to rescission should the court determine that appellant has had
three prior cases dismissed as frivolous, malicious, or for failure to state a claim and
appellant is not under imminent danger of serious physical injury.
A copy of this order shall be sent to appellant's custodian, to the Clerk, U. S.
District Court, and to all parties.
For the Court--By Direction
/s/ Patricia S. Connor, Clerk