Opinion
No. 2:16-cv-4-DDN
12-16-2016
CHRISTOPHER L. GESSEL, Plaintiff, v. PAUL JONES, et al., Defendants.
MEMORANDUM AND ORDER
The Court of Appeals has remanded this action for the assessment and collection of the appellate filing fee. Because plaintiff is a prisoner, the Court assesses twenty percent of either his average monthly deposit or average balance, whichever is greater. See 28 U.S.C. § 1915(b)(1). After reviewing plaintiff's financial information, the Court has determined that plaintiff must be assessed an initial partial filing fee of $17.75, which is twenty percent of his average monthly deposit.
Accordingly,
IT IS HEREBY ORDERED that plaintiff must pay an initial filing fee of $17.75 within thirty (30) days of the date of this Order. Plaintiff is instructed to make his remittance payable to "Clerk, United States District Court," and to include upon it: (1) his name; (2) his prison registration number; (3) the case number; and (4) that the remittance is for an appellate proceeding.
Dated this 16th day of December, 2016.
/s/_________
DAVID D. NOCE
UNITED STATES MAGISTRATE JUDGE