Opinion
Case No. 2:08-cv-26.
January 6, 2010
ORDER
The Court has received from plaintiff a notice of appeal and an application to proceed in forma pauperis on appeal. The request will be evaluated under 28 U.S.C. § 1915(b)(1). Plaintiff's affidavit reveals that he currently possesses the sum of $19.67 in his prison account which is insufficient to pay the full filing fee. His application indicates that his average monthly balance for a six-month period prior to filing his application to proceed in forma pauperis was $.22. His application further indicates that his average monthly deposits for a six-month period prior to filing his application to proceed in forma pauperis were $51.83. In accordance with 28 U.S.C. § 1915(b)(1), plaintiff must pay an initial partial filing fee of 20 percent of the greater of these amounts. The greater amount is $51.83; therefore, plaintiff's initial partial filing fee is $10.37 ($51.83 × .20 = $10.37). That sum should be deducted from plaintiff's prisoner account, when funds are available, until the initial partial filing fee is paid.
Once the initial partial filing fee is paid, the prison cashier's office shall deduct and forward to the Court 20% of the preceding month's income credited to the prisoner's account if, during that month, the balance of that account exceeded $10, until the full $455.00 fee has been paid. 28 U.S.C. § 1915(b)(2). If plaintiff is transferred to another prison, the cashier should forward this Order to that institution's cashier so that the cashier can collect and remit the monthly partial payment.
Checks are to be made payable to:
Clerk, U.S. District Court
Checks are to be sent to:
Prisoner Accounts Receivable
260 U.S. Courthouse
85 Marconi Blvd.
Columbus, OH 43215
The prisoner's name and case number must be noted on each remittance.
A prisoner may not be prohibited from appealing a judgment entered in a civil action because he has no assets and no means to pay the initial filing fee. 28 U.S.C. § 1915(b)(4). If plaintiff does not currently possess the funds to pay the initial filing fee, the amount assessed by this Court will be collected from plaintiff's prison account when such funds become available.
The Clerk of Court is DIRECTED to mail a copy of this Order and the attached instructions, which are hereby incorporated herein, to the plaintiff and the prison cashier's office. The Clerk is FURTHER DIRECTED to forward a copy of this Order to the Court's financial office in Columbus and to the Clerk of the United States Court of Appeals for the Sixth Circuit.
The Court further DECLINES to certify that the appeal is not taken in good faith.