The opinion of the court was delivered by: Landya B. McCafferty U.S. Magistrate Judge
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS
The plaintiff, an inmate at Merrimack County Department of Corrections ("Institution"), has filed a motion to proceed in forma pauperis in the above-captioned case, which is accompanied by a certificate signed by an authorized individual from the Institution. The certificate evidences that over the last six months, the plaintiff's average deposits have been $80.98 and the plaintiff's average monthly balance has been $14.04. Plaintiff's current balance is $.42.
The motion to proceed in forma pauperis is GRANTED; however, pursuant to 28 U.S.C. § 1915(b)(1), an initial filing fee is assessed in the amount of $0. In addition, monthly payments of 20% of each preceding month's income credited to the plaintiff's account shall be remitted by the Institution when the amount in the account exceeds $10.00 until the sum of $350.00 has been paid. 28 U.S.C. § 1915(b)(2). Before indicating whether he agrees to pay the filing fee and proceed with this civil action, the plaintiff should be informed of the following.
First, the plaintiff is hereby on notice that the court may dismiss this action if it:
(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b); LR 4.3(d)(2). If the court does dismiss the action, the plaintiff will still be required to pay the filing fee in full.
Second, the plaintiff is advised that, in the event heis released from incarceration prior to the filing fee of $350.00 being paid in full, he is still required to pay the entire filing fee.
Third, the plaintiff should note that a prisoner who has had three civil actions dismissed under 28 U.S.C. § 1915(e) may not thereafter, absent "imminent danger of serious physical injury," file a new civil action without prepayment of the entire filing fee. 28 U.S.C. § 1915(g).
Therefore, on or before March 15, 2012, the plaintiff shall return the attached Prisoner Consent Form and indicate whether he intends to incur the cost of the filing fee and proceed with this action, or whether he intends not to proceed with this litigation at this time. The failure to return the attached Prisoner Consent Form by the above deadline will be interpreted as indicating the plaintiff's desire not to proceed with this litigation and will result in the dismissal of the complaint. In the event the plaintiff elects to proceed with this matter and so indicates on a signed Prisoner Consent Form, the initial partial filing fee shall be forwarded to the Clerk of Court by the Institution in accordance with this Order. A copy of this Order, along with a copy of the signed Prisoner Consent Form, shall be forwarded by the Court to the Institutions inmate account department following theplaintiff's indication to the Court that he intends to go forward with this matter and incur the $350.00 cost of suit.
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UNITED STATES DISTRICT COURT DISTRICT OF ...