Opinion
Civil Action 24-CV-0202
03-06-2024
TIMOTHY RICE, Plaintiff, v. INMATE ACCOUNT, et al. Defendants.
ORDER
KELLEY BRISBON HODGE, J.
AND NOW, this 6th day of March, 2024, upon consideration of Timothy Rice's Motion to Proceed In Forma Pauperis (ECF No. 2), Prisoner Trust Fund Account Statement (ECF No. 3), pro se Complaint (ECF No. 1), and Motion for Appointment of Counsel (ECF No. 5), it is ORDERED that:
1. Leave to proceed in forma pauperis is GRANTED pursuant to 28 U.S.C. § 1915.
2. Timothy Rice, #DV-2363, shall pay the full filing fee of $350 in installments, pursuant to 28 U.S.C. § 1915(b), regardless of the outcome of this case. The Court directs the Superintendent of SCI Phoenix or other appropriate official to assess an initial filing fee of 20% of the greater of (a) the average monthly deposits to Rice's inmate account; or (b) the average monthly balance in Rice's inmate account for the six-month period immediately preceding the filing of this case. The Superintendent or other appropriate official shall calculate, collect, and forward the initial payment assessed pursuant to this Order to the Court with a reference to the docket number for this case. In each succeeding month when the amount in Rice's inmate trust fund account exceeds $10.00, the Superintendent or other appropriate official shall forward payments to the Clerk of Court equaling 20% of the preceding month's income credited to Rice's inmate account until the fees are paid. Each payment shall refer to the docket number for this case.
3. The Clerk of Court is DIRECTED to send a copy of this Order to the Superintendent of SCI Phoenix.
4. The Complaint is DEEMED filed.
5. Rice's Complaint is DISMISSED WITH PREJUDICE as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) for the reasons stated in the Court's Memorandum.
6. Rice's Motion for Appointment of Counsel is DENIED.
7. The Clerk of Court shall CLOSE this case.