Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 97-40105
Summary Calendar

ROBERT LAWRENCE MORGAN,
Plaintiff-Appellant,
versus
DAVID HARO, CO III, Michael Unit; UNIDENTIFIED STEWART,
CO III, Michael Unit; UNIDENTIFIED BAKER, Sergeant,
Michael Unit,
Defendants-Appellees.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
- - - - - - - - - -
March 31, 1997
Before DAVIS EMILIO M. GARZA and STEWART, Circuit Judges.
PER CURIAM:
The magistrate judge declined to rule on a motion for leave
to proceed in forma pauperis (IFP) on appeal filed by Texas
prisoner Robert Lawrence Morgan, #452774. In accordance with the
Prison Litigation Reform Act (PLRA):
(1) If a prisoner brings a civil action or files an
appeal in forma pauperis, the prisoner shall be
required to pay the full amount of a filing fee. The
court shall assess and, when funds exist, collect, as a
partial payment of any court fees required by law, an
initial partial filing fee of 20 percent of the greater
of --
(A) the average monthly deposits to the prisoner's
account; or

No. 97-40105
- 2 -
(B) the average monthly balance in the prisoner's
account for the 6-month period immediately preceding
the filing of the complaint or notice of appeal.
(2) After payment of the initial partial filing fee,
the prisoner shall be required to make monthly payments
of 20 percent of the preceding month's income credited
to the prisoner's account.
28 U.S.C. § 1915(b). A prisoner who seeks to proceed IFP on
appeal must obtain leave to so proceed despite proceeding IFP in
the district court. Jackson v. Stinnett, 102 F.3d 132, 136 (5th
Cir. 1996).
We hold that the financial screening and assessment
procedures of the PLRA regarding appellate filing fees are to be
conducted by the district courts. When a district court grants a
prisoner leave to proceed IFP on appeal, the district court must
assess the initial partial filing fee and order payment of the
remainder of the filing fee as directed by the PLRA.
Accordingly, the case is REMANDED to the district court so that
the district court may rule on the IFP motion and, if granted,
order the payment of the appellate filing fee pursuant to
§ 1915(b). After this determination is made, the district court
shall return the case to this court for further proceedings.
REMANDED.