Hunter v. Holland, No. 6:2015cv00081 - Document 4 (E.D. Ky. 2015)

Court Description: MEMORANDUM OPINION & ORDER: 1. Pet Steven M. Hunter is ASSESSED the $400.00 in filing and administrative fees pursuant to 28 U.S.C. § 1915 and § 14 of the District Court Misc Fee Schedule. 2. The Clerk shall open an acct in Hun ter's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) with (a) Hunter's name, (b) his inmate registration number, and (c) this case number. The Clerk shall send a copy of this Order and the Notice of Payment Form to the warden of the institution in which Hunter is currently confined. 3. Each month Hunter's custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding mont h out of his inmate trust fund acct, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $400.00 in fees is paid. 28 U.S.C. §1915(b)(2). 4. Hunter's petition (Doc. # 1 ) is DISMISSED WITHOUT PREJUDICE. 5. This dismissal counts as Hunter's third "strike" for purposes of 28 U.S.C. § 1915(g). 6. Hunter's "Emergency Request for an Injunction and or a Appropriate Order Direct ing the Respondent to Stop Retaliating against Petitioner" (Doc. # 2 ) is DENIED AS MOOT. 7. The Court will enter a judgment contemporaneously with this order. 8. This matter is STRICKEN from the docket. Signed by Judge David L. Bunning on 07/30/2015. (Attachments: # 1 Form EDKy 525)(KJA)cc: COR, Finance, Warden USP McCreary, Order and form to pro se filer

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Hunter v. Holland Doc. 4 Att. 1 OEDKy 525 (Rev. 07/08) Notice of Payment Due For Filing Fee UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY Southern DIVISION at London NOTICE OF PAYMENT DUE FOR FILING FEE The attached Order has been entered directing the prisoner named below to pay a filing fee to the U.S. District Court Clerk as provided by 28 U.S.C. §1915(b). Initial Partial Filing Fee: The custodian of the prisoner shall deduct and pay an initial partial filing fee as directed in the Order. Balance of Filing Fee: After the initial partial filing fee is paid, the custodian shall make monthly deductions of 20 percent of the preceding month's income credited to the prisoner's account. Whenever the balance of the account exceeds ten dollars ($10), the custodian shall forward payments from the prisoner's account to the clerk until the full filing fee is paid, see 28 U.S.C. §1915(b)(2). Complete the form below and return it and the payment to: Clerk, U.S. District Court 101 Barr Street Lexington, KY 40507 E Detach this portion and return with payment Federal Case No. Name of Prisoner Steven M. Hunter Inmate # 6:15-cv-81-DLB Amount enclosed: $_____________________________ (Include Federal Case No. on Check.) The enclosed check is remitted pursuant to 28 U.S.C. §1915(b) on behalf of the prisoner for the payment of the filing fees in the above case number. 03704-017 ______________________________________________ Name of Custodial Facility Clerk, U.S. District Court 101 Barr Street Lexington, KY 40507 Authorized Official: _____________________________ Make copies of this portion and submit with future payments. Dockets.Justia.com

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