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- gand;;4:10-cv-00136_de6 RegisterActionDate "2010-09-16" @default.
- gand;;4:10-cv-00136_de6 RegisterActionDescriptionText "ORDER - IT IS THEREFORE ORDERED that plaintiff must, within thirty (30) days of the date of this Order, either submit the full initial filing fee of $350.00, or execute and return a financial affidavit seeking leave to proceed in forma pauperis that includes (1) a completed certificate signed by an authorized institutional officer regarding the current balance in his inmate account; and (2) a copy of his inmate trust account balance for the six-month period preceding the filing of the instant action certified by an authorized institutional officer. Plaintiff is CAUTIONED that, even if he is allowed to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915(b)(1), he must nevertheless pay the full amount of the $350.00 filing fee from his prisoner account. If, according to his affidavit, sufficient assets are in his account, this Court must assess an initial partial filing fee based on the assets available. In addition, by order of this Court, plaintiffs custodian would be required to deduct further amounts from his account. Specifically, the balance of the filing fee would be paid on behalf of the plaintiff from his inmate account, in monthly or other incremental payments in the amount of twenty percent of the preceding months income credited to the account in each month in which the plaintiffs account balance exceeds $10.00 until the $350.00 fee is paid in full. Plaintiff will be required to pay the fee regardless of whether he is successful with his suit. If plaintiff does not want to have the funds deducted from his account, he should file a motion voluntarily dismissing this action. Plaintiff is advised that failure either to pay the fee or submit the required affidavit within the specified period of time may result in dismissal of this action. Plaintiff, presently confined in the Polk County Jail in Cedartown, Georgia, complains that jail officials have refused to provide him a signed certificate regarding the current balance in his inmate account. [2-1 at 2]. The Court expects jail officials to fully comply with their obligation to assist plaintiff in obtaining documents and information that federal law requires him to submit to this Court when seeking leave to file a civil action as an indigent. The Clerk is DIRECTED to forward the appropriate financial affidavit to plaintiff, together with a copy of this Order. The Clerk is also DIRECTED to mail a copy of this Order to the Sheriff of Polk County. The Clerk is further DIRECTED TO RESUBMIT this action to the assigned Magistrate Judge upon receipt of the filing fee or affidavit or at the expiration of the time period noted above. Signed by Magistrate Judge Walter E. Johnson on 9/16/10. (klb) (Entered: 09/16/2010)" @default.
- gand;;4:10-cv-00136_de6 AdministrativeID "4" @default.