Opinion
Civil No. 05-CV-73272.
September 1, 2005
ORDER WAIVING PREPAYMENT OF THE FILING FEE AND DIRECTING PAYMENT OF THE INITIAL PARTIAL FILING FEE AND SUBSEQUENT PAYMENTS
The Court has reviewed plaintiff's financial affidavit, certified account statement or its equivalent, and signed authorization to withdraw funds. Having considered these items, the Court GRANTS plaintiff's application to proceed without prepayment of the filing fee for this action. 28 U.S.C. § 1915(a)(1).
Plaintiff, a prisoner, must pay the full filing fee for this civil action. 28 U.S.C. § 1915(b)(1). The Court must assess and, if funds exist, collect an initial partial filing fee, consisting of twenty percent (20%) of the greater of (1) the average monthly deposits to plaintiff's account, or (2) the average monthly balance in plaintiff's account for the preceding six (6) months.Id. The initial partial filing fee in this case is $11.00. After plaintiff pays the initial partial filing fee, plaintiff must make monthly payments of twenty percent (20%) of the preceding month's income credited to plaintiff's account. 28 U.S.C. § 1915(b)(2).
Accordingly, the Court ORDERS the agency having custody of plaintiff to: (1) withdraw or set aside the initial partial filing fee from plaintiff's trust fund account; (2) forward this amount to the Clerk of this Court within thirty (30) days of the date of this order; and (3) in subsequent months, or from time to time, forward payments of twenty percent (20%) of the preceding month's income credited to plaintiff's account to the Clerk of this Court until plaintiff has paid the entire filing fee of $250.00. The Court will notify the agency having custody of plaintiff when plaintiff has paid the entire filing fee. The Court has attached to this order a copy of plaintiff's authorization to withdraw funds from plaintiff's trust fund account.