Buddhi v. Benson, No. 10-3802 (7th Cir. 2011)
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Petitioner proceeded in forma pauperis in the district court, but the court discovered that $1,501 had been deposited in his prison account during the previous six months. When petitioner sought leave to appeal of denial of a motion to reconsider his sentence, the court ordered that money in his prison trust account be applied to his district court filing fee and to a special assessment against him that was imposed as part of his sentence. The Seventh Circuit affirmed the denial of reconsideration in a separate order, and denied the petition for mandamus, concluding that petitioner's inability to pay the filing fee was moot. The order directing payment of the unpaid filing fee from the prison trust account was proper (18 U.S.C. 3572(d)(3)) , but the order that the warden deduct money from the account to pay the special assessment was not, because petitioner was already enrolled in a payment plan.
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