Brown v. Caine

Full title: ALVIN G. BROWN, Plaintiff, v. JOHN T. CAINE, Defendant

Court: United States District Court, D. Utah, Central Division

Date published: Aug 17, 2005

Case No. 2:05CV00695 DAK (D. Utah Aug. 17, 2005)

Opinion

Case No. 2:05CV00695 DAK.

August 17, 2005

ORDER

DAVID NUFFER, Magistrate Judge (Part-time)

Plaintiff, Alvin G. Brown, an inmate at Utah State Prison, submits a pro se civil rights complaint. See 42 U.S.C.S. § 1983 (2005). The filing fee is typically $250. See 28 id. § 1914(a). However, Plaintiff asserts he is unable to prepay it. He thus applies to proceed without prepaying the filing fee and submits a supporting affidavit under section 1915(a). See id. § 1915(a).

The Court will allow Plaintiff to proceed without prepaying the entire filing fee. Even so, under section 1915(b)(1), Plaintiff must eventually pay the full $250.00 fee required. See id. § 1915 (b)(1). A plaintiff must typically start by paying "an initial partial filing fee of 20 percent of the greater of . . . the average monthly deposits to [his inmate] account . . . or . . . the average monthly balance in [his inmate] account for the 6-month period immediately preceding the filing of the complaint." Id. However, Plaintiff's inmate account records show he has no money; the Court thus waives his initial partial filing fee.

Still, Plaintiff must complete the attached "Consent to Collection of Fees" form and submit the original to the inmate funds accounting office and a copy to the Court within thirty days so the Court may collect the entire filing fee Plaintiff owes. Plaintiff is also notified that pursuant to Plaintiff's consent form submitted to this Court, Plaintiff's correctional facility will make monthly payments from Plaintiff's inmate account of twenty percent of the preceding month's income credited to Plaintiff's account.

IT IS THEREFORE ORDERED that:

(1) Plaintiff may proceed without prepaying his filing fee and without paying an initial partial filing fee.

(2) Plaintiff must still eventually pay $250.00, the full amount of the filing fee under 28 U.S.C. § 1915(b)(1).

(3) Plaintiff must make monthly payments of twenty percent of the preceding month's income credited to Plaintiff's account.

(4) Plaintiff shall make the necessary arrangement to give a copy of this Order to the inmate funds accounting office at Plaintiff's correctional facility.

(5) Plaintiff shall complete the consent to collection of fees and submit it to the inmate funds accounting office at Plaintiff's correctional facility and also submit a copy of the signed consent to this Court within thirty days from the date of this Order, or the complaint will be dismissed.

CONSENT TO COLLECTION OF FEES FROM INMATE TRUST ACCOUNT

I, Alvin G. Brown, understand that even when the Court grants my application to proceed in forma pauperis and files my complaint, I must still eventually pay the entire filing fee of $250.00. I understand that I must pay the complete filing fee even if my complaint is dismissed.

I further consent for the appropriate institutional officials to collect from my account on a continuing basis each month, an amount equal to 20% of each month's income. Each time the amount in the account reaches $10, the Trust Officer shall forward the interim payment to the Clerk's Office, U.S. District Court for the District of Utah, 350 South Main, #150, Salt Lake City, UT 84101, until such time as the $250.00 filing fee is paid in full.

By executing this document, I also authorize collection on a continuing basis of any additional fees, costs, and sanctions imposed by the District Court.