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Simpson v. Drewmall

United States District Court, E.D. Pennsylvania
Jan 16, 2009
CIVIL ACTION NO. 08-5798 (E.D. Pa. Jan. 16, 2009)

Opinion

CIVIL ACTION NO. 08-5798.

January 16, 2009


MEMORANDUM AND ORDER


Plaintiff, a prisoner at the Chester County prison, seeks to bring a civil action in forma pauperis, without prepayment of fees or security therefor. The Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (April 26, 1996) (the "Act"), which amends 28 U.S.C. § 1915, establishes certain financial requirements for prisoners who are attempting to bring a civil action or file an appeal in forma pauperis.

Suits brought in forma pauperis are governed by 28 U.S.C. § 1915.

Under the Act, a prisoner bringing a civil action in forma pauperis must pay the full amount of the $350 filing fee. 28 U.S.C. § 1915(b)(1). The prisoner must submit a certified copy of his inmate trust fund account statement for the 6-month period immediately preceding the filing of his complaint so the Court can determine how the $350 filing fee will be paid. 28 U.S.C. § 1915(a)(2). The prisoner must obtain this statement from the appropriate official of each prison at which he was or is confined. Id. The Court must then "assess [the prisoner's financial status] and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of — (A) the average monthly deposits to the prisoner's account; or (B) the average

For the foregoing reasons, it is, this day of January, 2009, hereby ORDERED that:

1. The petition is DENIED WITHOUT PREJUDICE to its reassertion in accordance with the terms of this order;

2. If plaintiff files with the Court within twenty (20) days from the date of this order a notice that he wishes to proceed with this action and thereby obligate himself to pay the $350 filing fee, this action will be reinstated; and

3. This case shall remain CLOSED for statistical purposes.


Summaries of

Simpson v. Drewmall

United States District Court, E.D. Pennsylvania
Jan 16, 2009
CIVIL ACTION NO. 08-5798 (E.D. Pa. Jan. 16, 2009)
Case details for

Simpson v. Drewmall

Case Details

Full title:CHALMERS A. SIMPSON v. SHELTON DREWMALL, et al

Court:United States District Court, E.D. Pennsylvania

Date published: Jan 16, 2009

Citations

CIVIL ACTION NO. 08-5798 (E.D. Pa. Jan. 16, 2009)