Summary
holding that status as a convicted felon is not a protected class
Summary of this case from Johnson v. U.S. Postal Serv.Opinion
No. 2:04-CV-0156.
July 23, 2004
FILING FEE ORDER
Came on for consideration plaintiff's Application for Leave to Proceed In Forma Pauperis. The Prison Litigation Reform Act of 1995 (PLRA) requires prisoners seeking to bring civil actions to pay an initial partial filing fee. The PLRA further requires prisoners thereafter to pay the balance of the full filing fee ($150.00).
The Court, having considered the application and plaintiff's current six month history of inmate trust account, as well as his consent to withdrawal at the top of the account history form, in light of the PLRA and pursuant to Hatchet v. Nettles finds that the following order should be entered.
Hatchet v. Nettles, 201 F.3d 651 (5th Cir. 2000).
It is ORDERED that:
1. Plaintiff is granted leave to proceed pursuant to 28 U.S.C. § 1915.
2. An initial partial filing fee of $42.00 is assessed and the agency having custody of plaintiff shall forward the amount of such initial partial filing fee forthwith. Attached for jail authorities is a certified copy of Plaintiff's six month history of inmate trust account, filed of record on July 21, 2004 in this cause, which contains Plaintiff's authorization, at the top of the form, for withdrawals from his Inmate Trust Account, as ordered by this Court, in payment of the $150.00 filing fee. If adequate funds do not exist in plaintiff's inmate account, or institutional equivalent, then the agency shall forward all available funds in such trust account to satisfy a portion of such initial partial filing fee, and shall forward all funds deposited into the trust account until the initial partial filing fee in paid in full.
3. After the initial partial filing fee has been satisfied, the agency having custody of plaintiff shall, when funds exist in plaintiff's inmate trust account, forward monthly installments as provided in 28 U.S.C. § 1915 (b)(2) until the entire filing fee has been paid.
4. Service of process shall be withheld pending judicial screening pursuant to 28 U.S.C. § 1915 (e)(2).
5. No amendments or supplements to the complaint shall be filed without prior Court approval. A complete amended complaint shall be attached to any motion to amend.
6. All discovery in this case is stayed until an answer is filed or until further order.
7. No motions for appointment of counsel until after proceedings conducted pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), or such other proceedings deemed appropriate by the Court.
8. Plaintiff shall promptly notify the Court of any change of address by filing a written notice of change of address with the Clerk. Failure to file such notice may result in this case being dismissed for want of prosecution.
NOTICE TO PLAINTIFF:
State law may require the forfeiture of good conduct time credits as a sanction for a state or federal lawsuit brought by an inmate while in the custody of the Texas Department of Criminal Justice, Institutional Division that is dismissed as frivolous or malicious. See Tex. Gov't. Code Ann. § 498.0045 (Vernon Supp. 1997).
The Clerk shall mail a copy of this Order and a certified copy of Plaintiff's six month history of inmate trust account, filed of record on July 21, 2004 in this cause, which contains Plaintiff's authorization, at the top of the form, for withdrawals from his Inmate Trust Account, as ordered by this Court, in payment of the $150.00 filing fee, to plaintiff and to the inmate accounting office or other person(s) or entity with responsibility for assessing, collecting, and remitting to the Court the interim filing fee payments on behalf of inmates, as designated by the facility in which plaintiff is confined.
SIGNED and ORDERED