UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

STEVEN A. SWAN,

Plaintiff

V.

PAUL J. BARBADORO, et al.,

Defendants

Civil No. 06-1p-458

ORDER GRANTING LEAVE TO PROCEED

INFORMA PAUPERIS

Plaintiff, an inmate at the Federal Medical Center, Devens, seeks leave to proceed in forma

pauperis. The Application to proceed informa pauperis has been completed and is accompanied by

a Certificate signed by an authorized individual from the Institution. The Certificate evidences that the

applicant has $32.57 in his account as ofDecember 2, 2006; that over the last six months the average

monthly deposits have been $202.79 and the average monthly balance has been $92.02.

The application is GRANTED, however, pursuant to 28 U.S.C. section 1915(b)(1), Plaintiff is

required to pay the entire filing fee in this matter as funds become available. An initial partial filing fee is

hereby ASSESSED in the amount of $40.56. In the event Plaintiff elects to proceed with this matter

and so notifies the Court, the initial partial filing fee shall be forwarded by the institution as soon as funds

are available. Subsequent payments of twenty percent (20%) of Plaintiff' s prior monthly income

shall be forwarded directly by the institution each time the amount in the inmate's account exceeds

$10.00 until such time as the entire filing fee of $350.00 has been paid. Plaintiff is advised that, in the

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Swan v. Barbadoro et al Doc. 12

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event he is 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, absent further order of the court relieving him of the obligation.

In addition, 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). If the Court does dismiss the action under this section, Plaintiff will still be

required to pay the filing fee in M.

Further, Plaintiff is hereby on notice that a prisoner with three in forma pauperis actions

dismissed under section 1915(e) may not thereafter, absent `imminent danger of serious physical injury,

file a new action without prepayment of the entire filing fee. 28 U.S.C. § 1915(g).

Additionally, pursuant to New Hampshire Local Rule 4.3 (2) (A)- (C), all initial filings and any

subsequent amendments thereto will be forwarded to the undersigned magistrate judge for preliminary

review, whether or not a filing fee has been paid. Plaintiff is also on notice that all filings by pro se

parties shall be on forms provided by the clerk' s office or in a format substantially conforming to such

forms and New Hampshire Local Rule 5.1.

Now therefore , Plaintiff shall notify the Court no later than February 8, 2007, whether he

intends to incur the cost of the filing fee and proceed with this action, or whether he intends to forego

this litigation at this time. If Plaintiff elects to proceed, the written notification shall clearly indicate that

Plaintiff understands his obligation to pay the full $3 50 filing fee as funds are available, and that he

nevertheless wishes to proceed with the action. Failure to fully comply with this Order will result in the

issuance of a recommendation to dismiss the Complaint. A copy of this Order shall be forwarded to the

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Business Office of the Federal Medical Center, Devens, following Plaintifls indication to the Court

that he intends to go forward with this matter and incur the $350.00 cost of suit.

SO ORDERED.

Dated January 8, 2007. /s/ Margaret J. Kravchuk

U.S. Magistrate Judge

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