CAMPBELL v. CORNELL CORRECTIONS

2005 | Cited 0 times | D. Rhode Island | November 10, 2005

MEMORANDUM AND ORDER

This matter is before the court on the application of the prose plaintiff, an inmate in the custody of the United StatesPenitentiary Canaan, for leave to proceed in forma pauperiswithout prepayment of fees pursuant to 28 U.S.C. § 1915. Saidapplication is GRANTED.

However, pursuant to 28 U.S.C. § 1915(b)(1), a prisoner who isgranted leave to proceed without prepayment of fees must pay, asan initial partial filing fee, 20 percent of the greater of (A)the average monthly deposits to the prisoner's account; or (B)the average monthly balance in his account for the six monthperiod immediately preceding the filing of the complaint. Afterpaying the initial filing fee, the prisoner shall be required tomake monthly payments of 20 percent of the preceding month'sincome credited to his account. 28 U.S.C. § 1915(b)(2). Theagency having custody of the prisoner shall forward suchsubsequent payments from the prisoner's account to the clerk ofthe court each time the amount exceeds $10.00 until the filingfee is paid in full. Id.

Accordingly, after a review of the plaintiff's prison trustaccount statement, and his affidavit filed in support of hismotion to proceed in forma pauperis, the plaintiff shall beassessed an initial partial filing fee payment of $10.00. TheUnited States Penitentiary Canaan is hereby ordered to forwardthe initial payment on plaintiff's behalf. Provided theplaintiff's prison trust account balance equals or exceeds theinitial fees assessed, the initial fee shall be forwarded to theclerk of this court within twenty days of this order. If the plaintiff lackssufficient funds to pay the fee, the initial payment shall beforwarded by the United States Penitentiary Canaan as soon as thebalance in plaintiff's prison trust account equals or exceeds$10.00. Furthermore, the Adult Correctional Institutions shallforward to the clerk of this court subsequent monthly payments of20 percent of the plaintiff's preceding month's income each timethe plaintiff's account balance exceeds $10.00. Such fees shallbe forwarded until the $250.00 filing fee is paid in full.

IT IS SO ORDERED.

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