United States District Court, N.D. Illinois, Eastern Division
September 20, 2004.
UNITED STATES OF AMERICA, Plaintiff,
ENECON ORTIZ, Defendant.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
MEMORANDUM OPINION AND ORDER
Enecon Ortiz ("Ortiz") has filed a pro se notice of appeal from
this Court's summary dismissal of his 28 U.S.C. § 2255 ("Section
2255") motion. When Ortiz then mistakenly filed his motion for
leave to appeal in forma pauperis in the Court of Appeals, that
court ordered that the motion be transferred to the Clerk of this
District Court so that this Court could rule on the motion.
Although the filing of a Section 2255 motion in this District
Court imposes no filing fee obligation, Ortiz' current appeal
requires payment of the same $255 in aggregate appellate fees as
any other type of appeal. That in turn brings into play
28 U.S.C. § 1915, which specifies in part (Section 1915(b)(1)) that a
person in custody (such as Ortiz) must pay the entire filing fee,
albeit in installments. For that purpose Ortiz has obtained and
submitted a printout showing the transactions in his prisoner
trust fund account at Lexington Federal Medical Center
("Lexington"), where he is in custody (see Section 1915(a)(2)). This Court's review of that printout reflects that the average
monthly deposits to Ortiz' account (the larger of the two figures
identified in Section 1915(b)(1)) came to $101.38. That being so,
the required initial partial filing fee 20% of that amount
(id.) is $20.28. Accordingly, Ortiz is assessed such an
initial partial filing fee of $20.28, and the Lexington trust
fund officer is ordered to collect that sum from Ortiz' trust
fund account there and to pay it directly to the Clerk of this
District Court ("Clerk").
After such payment, the trust fund officer at Lexington (or at
any other correctional facility where Ortiz may hereafter be
confined) is authorized to collect monthly payments from his
trust fund account in an amount equal to 20% of the preceding
month's income credited to the account. Monthly payments
collected from the trust fund account shall be forwarded to the
Clerk each time the amount in the account exceeds $10 until the
full $255 in filing fees is paid.
Both the initial payment and all future payments shall be sent
to the Clerk, United States District Court, 219 South Dearborn
Street, Chicago, Illinois 60604, attention: Fiscal Department,
and shall clearly identify Ortiz' name and the 04 C 4307 case
number assigned to this action.*fn1 To implement these requirements, the Clerk shall send a copy of this order to the
Lexington trust fund officer.