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Davis v. Bryant

United States District Court, M.D. Georgia, Valdosta Division
Dec 6, 2005
No. 7:05-CV-124(HL) (M.D. Ga. Dec. 6, 2005)

Opinion

No. 7:05-CV-124(HL), Proceedings under 42 U.S.C. § 1983.

December 6, 2005


ORDER


Plaintiff KENNY DAVIS, an inmate at Walker State Prison in Rock Spring, Georgia, has filed a pro se civil rights complaint under 42 U.S.C. § 1983. He also seeks leave to proceed without prepayment of the filing fee or security therefor pursuant to 28 U.S.C. § 1915(a). As it appears that plaintiff is unable to pay the cost of commencing this action, plaintiff's application to proceed in forma pauperis is hereby GRANTED.

However, even if a prisoner is allowed to proceed in forma pauperis, he must nevertheless pay the full amount of the $250.00 filing fee. 28 U.S.C. § 1915(b)(1). As stated above, plaintiff is unable to pay the entire $250.00 filing fee at this time. However, plaintiff does have sufficient funds in his prison account to pay a portion of this amount. Therefore, pursuant to 28 U.S.C. § 1915(b)(1)(A), it is hereby ORDERED that plaintiff pay an initial partial filing fee of $12.83 to the clerk of this court.

Plaintiff shall have thirty (30) days from the date of his receipt of this order to pay the required initial partial filing fee to the Clerk of the Court. Failure to comply with this order shall result in the dismissal of plaintiff's complaint. The Clerk is directed to file the complaint, but there shall be no service of process in this case until further order of the court.

SO ORDERED.


Summaries of

Davis v. Bryant

United States District Court, M.D. Georgia, Valdosta Division
Dec 6, 2005
No. 7:05-CV-124(HL) (M.D. Ga. Dec. 6, 2005)
Case details for

Davis v. Bryant

Case Details

Full title:KENNY DAVIS, Plaintiff, v. CHARLES BRYANT, Sheriff, Cook County, and…

Court:United States District Court, M.D. Georgia, Valdosta Division

Date published: Dec 6, 2005

Citations

No. 7:05-CV-124(HL) (M.D. Ga. Dec. 6, 2005)