Burke v. Kleier et al
| Davon Burke |
| Michael Kleier, Kenton County Jail, Kenton County Fiscal Court, Dan Melgard and J. Thoman |
| 2:2021cv00114 |
| September 21, 2021 |
| US District Court for the Eastern District of Kentucky |
| P SO |
| Henry R Wilhoit |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 8
ORDER:1. Burke's motion to proceed in forma pauperis [D.E. No. #6 ] is GRANTED. Section 1915(b)(1) requires a prisoner-plaintiff to pay the $350.00 filing fee for a civil action as set forth below. 2. The financial documentation filed by Burke indicates that he lacks sufficient income or assets to pay the initial partial filing fee required by 28 U.S.C. 1915(b)(1)(A), and payment of such fee is therefore DEFERRED. 3. The Clerk of the Court shall open an account in Burke's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) with (a) Burke's name, (b) his inmate registration number, and (c) this case number. The Clerk shall serve a copy of this Order and the Notice of Payment Form upon the Jailer/Warden of the institution in which Burke is currently confined and upon the Office of the General Counsel for the Department of Corrections in Frankfort, Kentucky. 4. Each month Burke's custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid. 28 U.S.C. 1915(b)(2). 5. Burke must immediately advise the Clerk's Office of any change in his current mailing address. Failure to do so may result in dismissal of this case. 6. This matter stands submitted for initial screening pursuant to 28 U.S.C. 1915(e)(2), 1915A. Signed by Judge Henry R. Wilhoit, Jr on 11/1/2021. (ECO)cc: COR FIN, and Davon Burke by US Mail w/copy of Order. Copy of Form EDKY 525 and Order to Jailer/Warden and the Office of General Counsel for the Department of Corrections in Frankfort, KY.
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| Filing 7 Prisoner Trust Fund Account Statement by Davon Burke, pro se. (ECO) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Davon Burke, pro se. Motions referred to P SO. (Attachments: #1 Letter to the Court)(ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #6 MOTION for Leave to Proceed in forma pauperis by Davon Burke, ***FILE SUBMITTED TO CHAMBERS of PSO for review: #7 Prisoner Trust Fund Account Statement (ECO) |
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Filing 5
ORDER: 1. Burke's motion to proceed in forma pauperis [D.E. No. #1 ] is DENIED WITHOUT PREJUDICE. 2. The Clerk of the Court will mark the assigned case number on (a) an affidavit of assets/in forma pauperis application [Form AO-240]; and (b) a Certificate of Inmate Account [EDKY Form 523] and send them to Burke. 3. Should Burke wish to pursue this federal action, he must either pay the $350.00 filing fee and $50.00 administrative fee or (1) have the Certificate of Inmate Account certified by prison staff, (2) complete the Affidavit of Assets/In Forma Pauperis Application, and (3) file both of these documents with this Court. 4.Burke must take these steps within thirty (30) days, or his case will be dismissed without prejudice for failure to prosecute. Signed by Judge Henry R. Wilhoit, Jr on 9/22/2021.(ECO)cc: COR and Davon Burke by US Mail with copies of Form AO-240; EDKY Form 523
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| Filing 4 IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Caption Page)(ECO) |
| Filing 2 COMPLAINT (NO PROCESS REQUESTED)., filed by Davon Burke, pro se. (Attachments: #1 Duplicate Envelope)(ECO) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Davon Burke, pro se. Motions referred to P SO. (Attachments: #1 Post Mark illegible)(ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #1 MOTION for Leave to Proceed in forma pauperis by Davon Burke, ***FILE SUBMITTED TO CHAMBERS of PSO for review: #2 Complaint (ECO) |
| Conflict Check run. (ECO) |
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