Thorson v. Harrison County ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-60627
USDC No. 4:95-CV-67-S-A
ROGER ERIC THORSON,
Plaintiff-Appellant,
versus
HARRISON COUNTY ET AL.,
Defendants,
KIRK FORDICE; EDDIE LUCAS;
EDWARD HARGETT; MISSISSIPPI
DEP'T OF CORRECTIONS; ROGER
COOK; J.J. STREETER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
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April 7, 1997
Before SMITH, DUHE’ and BARKSDALE, Circuit Judges.
PER CURIAM:*
Roger Eric Thorson (Mississippi prisoner # 08836C), moves
this court for leave to appeal in forma pauperis (IFP) under the
Prison Litigation Reform Act of 1995 (PLRA) in his appeal from
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 96-60627
-2-
the district court's denial of his motion pursuant to FED. R. CIV.
P. 60(b)(6). The motion for leave to proceed IFP is GRANTED.
The PLRA requires a prisoner appealing IFP in a civil action to
pay the full amount of the filing fee, $105. As Thorson does not
have funds for immediate payment of this fee, he is assessed a
partial filing fee of 40¢ in accordance with 28 U.S.C.
§ 1915(b)(1). Following payment of the partial filing fee, funds
shall be deducted from Thorson’ prisoner account until the full
filing fee is paid. Id.
IT IS ORDERED that Thorson pay the appropriate filing fee to
the Clerk of the District Court for the Northern District of
Mississippi. IT IS FURTHER ORDERED that the agency having
custody of Thorson’s inmate account shall collect the remainder
of the $105 filing fee and forward for payment to the Clerk of
the District Court for the Northern District of Mississippi in
accordance with 28 U.S.C. § 1915(b)(2).
Thorson argues that the district court abused its discretion
by denying his Rule 60(b)(6) motion. As Thorson's Rule 60(b)(6)
motion did not present the district court with "extraordinary
circumstances" justifying relief, the denial of Thorson's motion
did not rise to the level of an abuse of discretion. Government
Fin. Servs. One Ltd. Partnership v. Peyton Place, Inc., 62 F.3d
767, 774 (5th Cir. 1995). The decision is AFFIRMED.