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16-010 - Houghton v. Heart et al

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16-010 - Houghton v. Heart et al
January 22, 2016
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MEMORANDUM OPINION & ORDER: 1. Houghtons motion to pay the filing fee in installments (Doc. #3) isGRANTED. Section 1915(b)(1), (2) require a prisoner to pay the $350.00 filing fee as set forth below.2. Within 28 days, Houghton must pay $185.85 to the Clerk of the Court as an initial partial filing fee. 28 U.S.C. § 1915(b)(1)(A). 3. The Clerk of the Court shall open an account in Houghton's name for receipt of the filing fee. The Clerk shall complete a Notice of Payment Form (Form EDKY 525) with (a) Houghton's name, (b) his inmate registration number, and (c) this case number. The Clerk shall send a copy of this Order and the Notice of Payment Form to the warden of the institution in which Houghton is currently confined. 4. After the initial partial filing fee is paid, each month Houghtons custodian shall send the Clerk of the Court a payment in an amount equal to 20% of his income for the preceding month out of his inmate trust fund account, but only if the amount in the account exceeds $10.00. The custodian shall continue such monthly payments until the entire $350.00 filing fee is paid. 28 U.S.C. § 1915(b)(2). 5. Houghtons complaint (Doc. #1) is DISMISSED WITHOUT PREJUDICE. 6. Houghtons motion for third party subpoenas (Doc. #2) is DENIED AS MOOT.7. The Court will issue an appropriate judgment. 8. This action is DISMISSED and STRICKEN from the Court's docket.. Signed by Judge David L. Bunning on 1/22/2016.(MRS)cc: COR, Finance, Pro se filer, Warden with forms as directed, Modified text on 1/22/2016 (MRS).