Opinion
NO: 2:10CV00039 JMM.
October 24, 2011
ORDER
On August 26, 2011, the Eighth Circuit Court of Appeals affirmed the judgment of this Court, granted Plaintiff leave to proceed in forma pauperis, and the full $455.00 appellate filing and docketing fees against Plaintiff (docket entry #140). The Court of Appeals has remanded the assessment and collection of the fees to this Court.
Based on financial information Plaintiff has supplied (docket entry #130), the Court will not assess an initial partial filing fee. However, Plaintiff will be obligated to make monthly payments in the amount of twenty percent (20%) of the preceding month's income credited to Plaintiff's trust account each time the amount in the account exceeds $10.00. The Arkansas Department of Correction ("ADC") is required to send to the Clerk of the Court payments from Plaintiff's prison trust account each time the amount in the account exceeds $10.00, until the statutory filing and docketing fees of $455.00 are paid in full. 28 U.S.C. § 1915(b)(2).
IT IS THEREFORE ORDERED THAT:
1. The Director of the ADC, or his designee, or any future custodian, shall collect from Plaintiff's prison trust account the $455.00 filing and docketing fees by collecting monthly payments from Plaintiff's prison trust account in an amount equal to 20% of the preceding month's income credited to the prisoner's trust account, and forwarding payments to the Clerk of the Court each time the amount in the account exceeds $10.00, in accordance with 28 U.S.C. § 1915(b)(2). The payments shall be clearly identified by the name and number assigned to this action.
2. The Clerk of the Court is directed to send a copy of this order to: (1) the Warden of the Varner Unit, P.O. Box 600, Grady, AR 71644-0600; (2) the ADC Trust Fund Centralized Banking Office, Post Office Box 8908, Pine Bluff, Arkansas, 71611; and (3) the ADC Compliance Office, P.O. Box 20550, Pine Bluff, Arkansas 71612-0550.