Gaither v. Alabama Department of Corrections et al (INMATE 2)
|Mrs. Diaz, Mrs. Lockhart, Dr. Roberts, Alabama Department of Corrections, Corizon Health Services and CMS Health Services
|February 27, 2012
|US District Court for the Middle District of Alabama
|Charles S. Coody
|Truman M. Hobbs
|Nature of Suit:
|Cause of Action:
|42 U.S.C. § 1983
|Jury Demanded By:
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|June 23, 2014
ORDER re 34 Notice of Appeal filed by Abdul Gaither. Pursuant to the provisions of the Prison Litigation Reform Act, 28 U.S.C. § 1915, the plaintiff is required to pay the requisite $ 505.00 fee for filing this notice of appeal. It is ORDERED that: (1) If the funds in the plaintiffs prison account exceed $505.00, those persons having custody of the plaintiff shall forward to the clerk of this court the $ 505.00 appellate filing fee. (2) If the funds in the plaintiffs pr ison account are less than $ 505.00, those persons having custody of the plaintiff shall -- (A) make an initial partial payment to this courtequal to the greater of the following amounts: (a) 20 % of the average monthly deposits to plaintif f's account for the 6-month period immediately preceding the date the plaintiff filed his notice of appeal; or (b) 20 % of the average monthly balance in the plaintiff's account for the aforementioned 6-month period. (B) make additiona l monthly payments of 20 % of each preceding month's income credited to the plaintiff's account until the balance of the $ 505.00 fee is paid. These additional monthly payments shall be deducted fromplaintiff's prison account each time the amount in this account exceeds $ 10.00 until the $ 505.00 filing fee is paid in full. (3) Where the appellate court enters a judgment against the plaintiff for payment of costs at the conclusion of the appeal, including any u npaid portion of the required $ 505.00 filing fee, those persons having custody of the plaintiff shall continue making monthly payments to this court in accordance with the installment plan outlined in 2(B) until the full amount of the ordered costs is paid. To aid those persons having custody of the plaintiff in complying with the requirements of this order, the clerk of this court is DIRECTED to furnish a copy of this orderto the inmate account clerk at the institution of the plaintiffs confinement. The account clerk is advised that if the plaintiff is transferred to another prison or detention facility the account clerk shall furnish this order to the appropriate official at the institution where the plaintiff is transferred so tha t the custodial agency can assume the duties of collecting and forwarding anyremaining monthly payments to this court. The plaintiff is advised that if, before the $ 505.00 filing fee is paid in full, the appellate court disposesof the appeal--b y dismissing the appeal for lack of jurisdiction, want of prosecution, or because it is frivolous, or by deciding the appeal on the merits--the plaintiff remains obligated to pay the full $ 505.00 filing fee. The filing fee will be collected fro m any funds which become available to the plaintiff and will be forwarded to this court by those persons having custody of the plaintiff pursuant to the directives contained in this order. Signed by Honorable Judge Myron H. Thompson on 6/23/2014. Copy furnished to account clerk at Kilby Correctional Facility as directed. (dmn, )
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