United States District Court, N.D. Illinois, Eastern Division
May 4, 2005.
UNITED STATES OF AMERICA, Plaintiff,
DARWIN MONTANA, Defendant.
The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge
As the attached copies of this Court's February 15 and April
13, 2005 memorandum orders reflect, it has been awaiting for some
months the submission by Darwin Montana ("Montana") of the
necessary printout called for by 28 U.S.C. § 1915 ("Section
1915"), covering transactions in his trust fund account at Terre
Haute FCI ("Terre Haute") for the entire six month period
relevant to his motion for in forma pauperis treatment on appeal.
Montana has now provided the required information, enabling this
Court to make the appropriate calculations.
Based on the prisoner trust fund account printouts, the average
monthly deposits to Montana's account during the six-month period
immediately preceding his notice of appeal came to $144.53 (that
figure exceeds the weighted average monthly balance in his
account for the same period see Section 1915(b)(1)). Even
though this Court's February 15 memorandum order characterized
Montana's appeal as legally frivolous, so that in this Court's
view the appeal is not taken in good faith (see Section 1915(a) (3)), Section 1915(b)(1) obligates Montana to pay
the full $255 in filing fees "[n]otwithstanding subsection (a)."
Accordingly, the required initial partial filing fee under the
last-cited subsection amounts to 20% of $144.53. Montana is
therefore assessed an initial partial filing fee of $28.91, and
the Terre Haute trust fund officer is ordered to collect that
partial filing fee from Montana's trust fund account there and to
pay it directly to the Clerk of Court ("Clerk"):
Office of the Clerk United States District Court
219 South Dearborn Street Chicago IL 60604
Attention: Fiscal Department
After such payment, the trust fund officer at Terre Haute (or
at any other correctional facility where Montana 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 appellate filing fees is paid. Both the initial
payment and all future payments shall be sent to the Clerk and
shall clearly identify Montana's name and both case numbers
assigned to this action: Case No. 98 CR 54 in this District Court
and Case No. 05-1402 in the Court of Appeals. To implement these
requirements, the Clerk shall send a copy of this order to the Terre Haute trust fund officer.
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