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Darby v. Redmann

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION


June 10, 2009

VONNIE DARIN DARBY, PLAINTIFF,
v.
DON REDMANN, WARDEN, B. DREHER, LIEUTENANT, DEFENDANTS.
VONNIE DARIN DARBY, PLAINTIFF,
v.
DON REDMANN, WARDEN, B. DREHER, LIEUTENANT, AND JENNIFER PEOPPEL, CCW, DEFENDANTS.

The opinion of the court was delivered by: Charles S. Miller, Jr. United States Magistrate Judge

ORDER (AMENDED) GRANTING PLAINTIFF'S APPLICATION TO PROCEED IN FORMA PAUPERIS

On April 21, 2009, the plaintiff, Vonnie Darin Darby, filed a Notice of Interlocutory Appeal as to the court's orders denying his motions for court-appointed counsel. See Case No. 3:09-cv-010, Docket No. 23. On April 30, 2009, he filed an application to proceed on appeal in forma pauperis. See Case No. 3:09-cv-010, Docket No. 29. Darby has submitted a declaration that makes the required showing of indigent status under 28 U.S.C. § 1915(a). See id. Accordingly, the request to proceed in forma pauperis (Case No. 3:09-cv-010, Docket No. 29) is GRANTED.*fn1

Pursuant to 28 U.S.C. § 1915(b), Darby is required to pay the statutory filing fee of $455.00 for this appeal. Based on the Certificate of Inmate Account and Assets submitted by Darby, dated April 28, 2009, and executed by the North Dakota State Penitentiary, a partial filing fee of $1.29 is immediately assessed for this appeal. Thereafter, Darby will be obligated to make monthly payments in the amount as established by 28 U.S.C. § 1915(b)(2) until the filing fee is paid in full. The full fee will be collected even if the Court dismisses the appeal because it is frivolous, malicious, fails to state a claim on which relief may be granted, or seeks money damages against a defendant who is immune from such relief. 28 U.S.C. § 1915(e)(2).

IT IS ORDERED that:

1) Darby's request to proceed in this appeal in forma pauperis (Case No. 3:09-cv-010, Docket No. 29) is GRANTED.

2) Darby is assessed an initial filing fee of $1.29 payable to the Clerk of the District Court. The remaining filing fee owed shall be paid to the Clerk of the District Court from Darby's inmate spending account or release aid account in accordance with the payment plan set forth in 28 U.S.C. § 1915(b)(2). The institution where Darby is incarcerated (North Dakota State Penitentiary) is required to post payments in an mount of 20% of each future month's income placed in Darby's inmate spending or release aid accounts. Payments shall be made each time the amount in Darby's accounts exceeds $10.00 and shall continue until the statutory filing fee of $455.00 is paid in full.

3) A notice of this obligation shall be sent to Darby and the appropriate prison official.


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