Opinion
CIVIL ACTION NO.: 7:07-CV-17(HL).
February 22, 2007
PROCEEDINGS UNDER 42 U.S.C. § 1983 BEFORE THE U.S. MAGISTRATE JUDGE ORDER
Plaintiff ROBERT MATHIS, an inmate at Coastal State Prison in Garden City, 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 $350.00 filing fee in installments based on funds in the prisoner's account. When a prisoner has funds in his account, he must pay an initial partial filing fee of twenty percent of the greater of (1) the average monthly deposits to the prisoner's account, or (2) the average monthly balance in the prisoner's account for the six month period immediately preceding the filing of the complaint. 28 U.S.C. § 1915(b)(1).
A review of plaintiff's trust fund account statement reveals that he deposited $62.54 into his account during the past month; thus, the average monthly deposits to his account are $62.54. Twenty percent (20%) of $62.54 is $12.51. Accordingly, it is hereby ORDERED that plaintiff pay an initial partial filing fee of $12.51.
The Court normally reviews the deposits for the past six (6) months. However, plaintiff has only been incarcerated at Coastal State Prison for the past month. Therefore, this institution has submitted records only for the past month to the Court.
Plaintiff shall have until March 23, 2007 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. There shall be no service in this case until further order of the Court.
SO ORDERED.