Opinion
CASE NO. 1:07 CV 2486.
September 4, 2007
ORDER
On August 30, 2007, pro se plaintiff Jonathan Lee Riches filed a Notice of Appeal in the above-captioned civil case. Pursuant to 28 U.S.C. § 1915(a). a court may authorize the commencement of an appeal without prepayment of fees if an applicant has shown by affidavit that he satisfies the criterion of poverty. However, prisoners become responsible for paying their filing fees and costs from the moment the notice of appeal is filed. 28 U.S.C. § 1915(b): McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997). When an inmate seeks pauper status, the only issue for the court to determine is whether the inmate pays the entire fee at the initiation of the proceeding or over a period of time under an installment plan. Id. Prisoners are no longer entitled to a waiver of fees and costs. Id. Therefore, prisoners pursuing an appeal must either pay the full filing for the appeal of $455. or seek pauper status by filing a financial application and a certified copy of the prisoner's trust account statement for the six month period immediately preceding the filing of the notice of appeal. 28 U.S.C. § 1915(a)(2): McGorc, 114 F.3d at 608.
Plaintiff is a prisoner in a correctional institution. Furthermore, he has not paid the filing fee of $455 nor has he requested pauper status for this appeal. Accordingly, pursuant to 28 U.S.C. § 1915(b), plaintiff is hereby ordered to pay the full fee of $455 if funds to pay it exist in his prisoner account. If plaintiff does not have funds in the account to pay the entire fee at once, he is ordered to complete and submit the accompanying Financial Application for Appeal, including a certified copy of his trust account statement, within 30 days of the date of this order. Plaintiff is to submit the entire Application at one time. The court will assess, and when funds exist, collect the full fee as provided by law.
Checks are to be made payable to: Clerk, U.S. District Court. Plaintiff's name and this case number must appear on the check. Only a single, full payment in the amount of $455.00 will comply with this court's order.
Plaintiff is hereby notified that if he does not pay the full filing fee or file the Financial Application within thirty (30) days, the United States Court of Appeals for the Sixth Circuit may dismiss the appeal for want of prosecution under Rule 45(a) of the Rules of the Sixth Circuit, and this court will assess the filing fee. Further, if the appeal is dismissed for want of prosecution, it will not be reinstated despite payment of the full filing fee or subsequent correction of the deficiency.
IT IS SO ORDERED.
FINANCIAL APPLICATION FOR APPEAL
In order for the court to determine whether to grant in forma pauperis status on appeal. you must complete and submit all parts of this Application together at one time. The Application includes:
1. The Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis
2. The Request for Certified Account Statement and Acknowledgment of Understanding
IF YOU CURRENTLY HAVE $455 IN YOUR ACCOUNT, YOU SHOULD NOT COMPLETE THIS APPLICATION. INSTEAD, IF YOU WISH TO PURSUE YOUR APPEAL, YOU SHOULD SUBMIT A CHECK FOR THE FULL FEE, WHICH IS $455.00.
CHECKS ARE TO BE MADE PAYABLE TO:
Clerk, U.S. District CourtIF YOU DO NOT HAVE FUNDS TO PAY THE FULL FEE, COMPLETE THE APPLICATION, WHICH INCLUDES: 1) THE AFFIDAVIT OF PRISONER, AND 2) THE REQUEST FOR CERTIFIED ACCOUNT STATEMENT AND ACKNOWLEDGMENT OF UNDERSTANDING. FORM 4. AFFIDAVIT ACCOMPANYING MOTION FOR PERMISSION TO APPEAL IN FORMA PAUPERIS Plaintiff Defendant Affidavit in Support of Motion Instructions 28 U.S.C. §§ 1746 18 U.S.C. §§ 1621 Total monthly income: Employer Address Dates of Employment Gross monthly pay Employer Address Dates of Employment Gross monthly pay Financial Institution Type of Account Amount you have Amount your spouse has Home (Value) Other real estate (Value) Motor Vehicle #1 (Value) Motor Vehicle #2 (Value) Other assets (Value) Other assets (Value) Person owing you or your spouse money Amount owed to you Amount owed to your spouse United States District Court for the _____ District of _____ A. B., v. Case No. _______________ C. D., I swear or affirm under penalty of perjury Complete all questions in this application and then that, because of my poverty. I cannot sign it. Do not leave any blanks: if the answer to a prepay the docket fees of my appeal or post question is "0," "none," or "not applicable (N/A)," a bond for them. I believe I am entitled to write that response. If you need more space to redress. I swear or affirm under penalty of answer a question or to explain your answer, attach perjury under United States laws that my a separate sheet of paper identified with your name, answers on this form are true and correct. your case's docket number, and the question (: .) number. ________________________________________ _______________________________ Signed: ____________________________ Date: My issues on appeal are: For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly Amount expected amount during the next month past 12 months You Spouse You Spouse Employment $_____ $_____ $_____ $_____ Self-employment $_____ $_____ $_____ $_____ Income from real property (such as rental income) $_____ $_____ $_____ $_____ Interest and dividends $_____ $_____ $_____ $_____ Gifts $_____ $_____ $_____ $_____ Alimony $_____ $_____ $_____ $_____ Child support $_____ $_____ $_____ $_____ Retirement (such as social security, pensions, annuities. $_____ $_____ $_____ $_____ insurance) Disability (such as social security, insurance payments) $_____ $_____ $_____ $_____ Unemployment payments $_____ $_____ $_____ $_____ Public-assistance (such as welfare) $_____ $_____ $_____ $_____ Other (specify): _ $_____ $_____ $_____ $_____ $_____ $_____ $_____ $_____ 2. List your employment history, most recent employer first. (Gross monthly pay is before taxes or other deductions.) ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ 3. List your spouse's employment history, most recent employer first. (Gross monthly pay is before taxes or other deductions.) ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ ____________________ 4. How much cash do you and your spouse have? $_________ Below, state any money you or your spouse have in bank accounts or in any other financial institution. ______________________ ____________________ ____________________ ____________________ ______________________ ____________________ ____________________ ____________________ ______________________ ____________________ ____________________ ____________________ If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. ______________________ _______________________ Make year:_______________________ ______________________ _______________________ Model:_____________________________ ______________________ _______________________ Registration #_____________________ Make year: __________________________ _____________________ _____________________ Model: ________________________________ _____________________ _____________________ Registration # ________________________ _____________________ _____________________ 6. State every person, business, or organization owing you or your spouse money, and the amount owed. _____________________________________ __________________ _____________________ _____________________________________ __________________ _____________________ _____________________________________ __________________ _____________________ 7. State the persons who rely on you or your spouse for support. Name Relationship Age _____________________________ ____________________________ __________________________ _____________________________ ____________________________ __________________________ _____________________________ ____________________________ __________________________ _____________________________ ____________________________ __________________________ _____________________________ ____________________________ __________________________ _____________________________ ____________________________ __________________________ _____________________________ ____________________________ __________________________ 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually. or annually to show the monthly rate. You Your Spouse Rent or home-mortgage payment (including lot rented for mobile home) $_____ $_____ Are real estate taxes included? [ ] Yes [ ] No Is property insurance included? [ ] Yes [ ] No Utilities (electricity, heating fuel, water, sewer, and telephone) $_____ $_____ Home maintenance (repairs and upkeep) $_____ $_____ Food $_____ $_____ Clothing $_____ $_____ Laundry and dry-cleaning $_____ $_____ Medical and dental expenses $_____ $_____ Transportation (not including motor vehicle expenses $_____ $_____ Recreation, entertainment, newspapers, magazines, etc. $_____ $_____ Insurance (not deducted from wages or included in mortgage payments) $_____ $_____ Homeowner's or renter's Life $_____ $_____ Health $_____ $_____ Motor vehicle $_____ $_____ Other: $_____ $_____ Taxes (not deducted from wages or included in mortgage payments) (specify): $_____ $_____ Installment payments $_____ $_____ Motor Vehicle $_____ $_____ Credit card (name): $_____ $_____ Department store (name): $_____ $_____ Other: $_____ $_____ Alimony, maintenance, and support paid to others $_____ $_____ Regular expenses for operation of business, profession, or farm (attach detail) $_____ $_____ Other (specify): $_____ $_____ Total monthly expenses: $_____ $_____ 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? [ ] Yes [ ] No If yes. describe on an attached sheet. 10. Have you paid-or will you be paying-an attorney any money for services in connection with this case, including the completion of this form? [ ] Yes [ ] No If yes. how much? $__________ If yes, state the attorney's name, address, and telephone number: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 11. Have you paid-or will you be paying-anyone other than an attorney (such as a paralegal or a typist) any money for services in connection with this case, including the completion of this form? [ ] Yes [ ] No If yes, how much? $__________ If yes. state the person's name, address, and telephone number: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ 12. Provide any other information that will help explain why you cannot pay the docket fees for your appeal. 13. State the address of your legal residence. ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ Your daytime phone number: (_____) ______________ Your age: _________ Your years of schooling: _______ Your social-security number:
REQUEST FOR CERTIFIED ACCOUNT STATEMENT AND ACKNOWLEDGMENT OF UNDERSTANDING
I request that an authorized officer of the institution in which I am confined, or other designated entity, complete the section below concerning my prisoner account statement. Pursuant to amended 28 U.S.C. § 1915:I UNDERSTAND THAT:
If I commence an appeal in the United States Court of Appeals for the Sixth Circuit, the fee is $455.00.
FURTHER, I understand that:
If I do not have the funds to pay the full fee as provided above, I must pay an initial partial fee of 20% of the greater of
— the average monthly deposits in my account
OR
— the average monthly balance in my account
for the 6 month period immediately preceding the filing of my notice of appeal.
FURTHER, I understand that:
If I do not currently have funds in my prisoner account to pay the initial partial fee, the agency having custody of me is required by law to and will forward said fee when funds become available in my account.
FURTHER, I understand that:
After the payment of the initial partial fee, the agency having custody of me is required by law to and will forward installment payments from my account equaling 20% of the preceding month's income credited to my account each time the amount in the account exceeds $10. Such installment payments must be made until the fee is paid in full.
FURTHER, I understand that:
Regardless of the outcome of my appeal, I am liable for the full fee. I further understand that I will continue to be liable for the full amount of the fee even after I am released from incarceration.
I have read the forgoing information, and I understand that if I submit this Application, the court will assess and, when funds exist, collect the full fee in the manner set forth above. I further understand that no money should be sent with this Application.
I authorize the correctional facility in which I am housed and any correctional facility to which I am transferred to withdraw from my trust fund account and forward to the federal court a) an initial partial filing fee for this action (20% of greater of my average monthly deposits or average monthly balance for the past six months), and b) subsequent monthly payments (20% of my previous month's deposits) until I have paid the full filing fee of $455 for this action. Signature and Prisoner #
Print your name _______________________________________ _______________________________________________________ __________________ Date TO BE COMPLETED BY AUTHORIZED OFFICER OF INSTITUTION ( PLEASE ATTACH LEGIBLE CERTIFIED COPY OF INMATE'S PRISONER ACCOUNT STATEMENT FOR THE PREVIOUS SIX MONTH PERIOD ):I certify that the attached is a true and accurate copy of the inmate's prisoner account statement.
______________________________________ Authorized Officer of Institution