Free Order of 9th Circuit - District Court of Arizona - Arizona

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UNITED STATES COURT OF APPEALS F l L E D
A l F I-IE I T
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us. coum or Appenlts
GERALD LYNN BYERLY, III, No. 06-15267
Plaintiff - Appellant, D.C. No. CV-04-00323-PHX-FIM
District of Arizona,
v. Phoenix _
DEPUTY WARDEN, sued in his/her
individual & official capacity; et al., ORDER
Defendants - Appellees. -
Appellant Gerald Lynn Byerly, III, prison identification number 146811,
has been granted leave to proceed in forma pauperis in this appeal and has
P completed and filed the required authorization form directing the appropriate
prison officials to assess, collect, and forward to the district court the filing and
docketing fees for this appeal pursuant to 28 U.S.C. § l9l5(b)(l) and (2). This
court hereby assesses an initial filing fee of 20 percent of the greater of (A) the
average monthly deposits to the prisoner’s account; or (B) the average monthly
balance in the prisoner’s account for the six-month period immediately preceding
the filing of the February 8, 2006 notice of appeal.
The Clerk shall serve this order and appellant’s completed authorization
form on the Attorney General for the State of Arizona, 1275 West Washington
Case 2:04-cv—00323-FJIVI Document 105 Filed 07/17/2006 Page 1 of 3

. 06-1 5267 `
Street, Phoenix, Arizona 85007, Attention: Jan Dyer, who shall notify the
appropriate agency or prison authority responsible for calculating, collecting, and
forwarding the initial payment assessed in this order and for assessing, collecting,
and forwarding the remaining monthly payments of the fee to the district court for
this appeal. See 28 U.S.C. § l9l5(b)(2). Each payment should be accompanied
by the district court and appellate docket numbers for this appeal and a record of
previous payments made for this appeal.
The Clerk shall also serve a copy of this order on the clerk and the financial
unit of the district court.
The briefing schedule remains stayed pending further order of this court.
For the Court:
CATHY A. CATTERSON
Clerk of the Court

9th Cir. R. 27-7 _
General Ordersl Appendix A
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Case 2:04-cv—00323-FJIVI Document 105 Filed 07/17/2006 Page 2 of 3

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. PRISONER AUTHORIZATION FORM K (61/ .·g"4`;’ is
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e [Prim Name] Q
in fzwg Leg; v. ¤ 555 r,;gc> , docket °*<
no. ,2-,5, - 5;;,3; .
I understand that I am required by statute to pay the full amount ofthe
$255.00 docketing and Hling {ccs {ui this appeal, regardless of my in forma
pauperis status, and regardless ofthe disposition of this appeal. _
I hereby authorize the prison officials at this institution to assess, collect,
and forward to the district court the full amount of these fees, in monthly _
increments based on the average of deposits to or balance in my prison tmst
account.
l I understand that I am not responsible for payment when there are no
deposits or funds in my trust account, but that payments will resume when such
deposits are made or funds are otherwise available.
Signature : Yo ‘“ " J
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Pr1sonerI.D. No.: ° 6‘5’ _// ” A J
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Docket No.: 05 ·/$.167 J
_ Address: g , 5, 5,; gg/wap gslouf {NIHA
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Date: [agi ath , 2¤o6 J ’
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