Perry v. Witty et al, No. 1:2017cv00115 - Document 5 (E.D. Mo. 2017)

Court Description: OPINION MEMORANDUM re: 2 MOTION for Leave to Proceed in forma pauperis under 42:1983 (prisoner) filed by Plaintiff Tremonti L. Perry. IT IS HEREBY ORDERED that Tremonti L. Perry's motion for leave to proceed in forma pauperis (Docket No. 2) is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $48.03 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court,&quo t; and to include upon it: (1) his name; (2) his prison registration number; (3) this case number; and (4) the statement that the remittance is for an original proceeding. (Initial Partial Filing Fee due by 11/22/2017.) Signed by District Judge Henry Edward Autrey on 10/23/17. (CSG)
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Perry v. Witty et al Doc. 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION TREMONTI L. PERRY, Plaintiff, v. KAREY L. WITTY, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:17CV115 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court upon pro se plaintiff Tremonti L. Perry’s motion for leave to proceed in forma pauperis. (Docket No. 2). Having reviewed the financial information plaintiff submitted in support, the Court determines that he is unable to pay the full amount of the filing fee. The motion will therefore be granted. Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner bringing a civil action in forma pauperis is required to pay the full amount of the filing fee. If the prisoner has insufficient funds in his or her prison account to pay the entire fee, the Court must assess and, when funds exist, collect an initial partial filing fee of 20 percent of the greater of (1) the average monthly deposits in the prisoner’s account, or (2) the average monthly balance in the prisoner’s account for the prior sixmonth period. After payment of the initial partial filing fee, the prisoner is required to make monthly payments of 20 percent of the preceding month’s income credited to the prisoner’s account. 28 U.S.C. § 1915(b)(2). The agency having custody of the prisoner will forward these monthly payments to the Clerk of Court each time the amount in the prisoner’s account exceeds $10.00, until the filing fee is fully paid. Id. Dockets.Justia.com In support of the instant motion, plaintiff submitted an affidavit and a certified inmate account statement showing an average monthly deposit of $240.14, and an average monthly balance of $84.01. The Court will therefore assess an initial partial filing fee of $48.03, twenty percent of plaintiff’s average monthly deposit. Accordingly, IT IS HEREBY ORDERED that Tremonti L. Perry’s motion for leave to proceed in forma pauperis (Docket No. 2) is GRANTED. IT IS FURTHER ORDERED that plaintiff must pay an initial filing fee of $48.03 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to “Clerk, United States District Court,” and to include upon it: (1) his name; (2) his prison registration number; (3) this case number; and (4) the statement that the remittance is for an original proceeding. Dated this 23rd day of October, 2017 ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE