Opinion
Case No. CV-06-71-S-BLW.
April 13, 2006
ORDER FOR PAYMENT OF INMATE FILING FEE
Plaintiff, a prisoner in custody of the Idaho Department of Correction and the Idaho Correctional Center, is proceeding in forma pauperis. He is obligated to pay the statutory filing fee of $ 250.00 for this action filed in District Court. Plaintiff has not been assessed an initial partial filing fee. Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is obligated to make monthly payments of 20 percent of the preceding month's income credited to his account. See 28 U.S.C. § 1915(b)(2).
Pursuant to 28 U.S.C. § 1915(b)(2), the agency having custody of Plaintiff is required to send to the Clerk of Court payments from Plaintiff's prison trust (commissary) account each time the amount in the account exceeds $10.00, until the statutory filing fee of $ 250.00 is paid in full.
If Plaintiff has more than one Order for Payment of Inmate Filing Fee pending, then no more than 20 percent of the preceding month's income credited to his account should be assessed to satisfy the oldest Order first until paid, and then to satisfy each other Order according to its age, so that the maximum amount paid to the Clerk of Court does not ever exceed 20 percent of the preceding month's income for the inmate.
NOW THEREFORE IT IS HEREBY ORDERED:
1. The Director of the Idaho Department of Correction or his designee shall collect from Plaintiff's prison trust account the $ 250.00 balance of the filing fee and shall forward payments to the Clerk of Court in accordance with 28 U.S.C. § 1915(b)(2). The payments shall be clearly identified by the name and number assigned to this action.
2. The Clerk of Court is directed to serve a copy of this order on the Director of the Idaho Department of Correction, as follows:
Tom Beauclair, Director Department of Correction Attn: Inmate Accounts 1299 N Orchard, Suite 110 Boise ID 83706.