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Falls-Bey v. Cook

United States District Court, S.D. Ohio, Eastern Division

January 5, 2018

ROY FALLS-BEY, et al., Plaintiffs,
v.
WARDEN, BRIAN COOK, et al., Defendants.

          GEORGE C. SMITH JUDGE

          REPORT AND RECOMMENDATION AND ORDER

          KIMBERLY A. JOLSON UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on Plaintiff's Motion for Leave to Proceed in forma pauperis (Doc. 1) and for an initial screen pursuant to 28 U.S.C. § 1915A(a). For the foregoing reasons, Plaintiff's in forma pauperis Motion is GRANTED (Doc. 1), and it RECOMMENDED that all plaintiffs other than Plaintiff himself be DISMISSED from this action. Finally, Plaintiff is DIRECTED leave to file an amended complaint within 30 days of this Order.

         I. MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

         Plaintiff's Motion for Leave to Proceed in forma pauperis under 28 U.S.C. § 1915(a) is GRANTED. (Doc. 1). Plaintiff is assessed the full amount of the Court's $350.00 filing fee. 28 U.S.C. § 1915(b)(1).

         Plaintiff's supporting documents reveal that he currently possesses an insufficient amount to pay the full filing fee. The custodian of Plaintiff's inmate trust account at the institution of his residence is DIRECTED to submit to the Clerk of the United States District Court for the Southern District of Ohio, as an initial partial payment, 20% of the greater of either the average monthly deposits to the inmate trust account or the average monthly balance in the inmate trust account for the six (6) months immediately preceding the filing of the complaint. If Plaintiff does not currently possess the funds to pay the initial filing fee, the amount assessed shall be collected from Plaintiff's account when such funds become available. See 28 U.S.C. § 1915(b)(4) (“In no event shall a prisoner be prohibited from bring a civil action . . . for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.”).

         Once the initial partial filing fee is paid, the custodian shall submit 20% of the inmate's preceding monthly income credited to the account if, during that month, the balance of that account exceeds $10.00, until the full fee of $350.00 has been paid. 28 U.S.C. § 1915(b)(2). If Plaintiff is transferred to another prison, the custodian should forward this Order to that institution so that the new custodian of Plaintiff's account can collect and remit the monthly partial payment.

Checks are to be made payable to:
Clerk, U.S. District Court
Checks are to be sent to:
Prisoner Accounts Receivable Joseph P. Kinneary United States Courthouse Room 121 85 Marconi Blvd.
Columbus, OH 43215

         The prisoner's name and case number must be noted on each remittance.

         Accordingly, it is ORDERED that Plaintiff be allowed to prosecute his action without prepayment of fees or costs and that judicial officers who render services in this ...


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