IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10824
Conference Calendar
RICHARD C. MORROW,
Plaintiff-Appellant,
versus
JAMES A. COLLINS, ET AL.,
Defendants,
RICHARD THALER, Warden of TDCJ Ramsey
Unit, ET AL.,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:94-CV-281
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March 19, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:
Richard C. Morrow, Texas inmate #606781, moves this court
for leave to proceed on appeal in forma pauperis (IFP). On
January 9, 1997, this court ordered Morrow to file an affidavit
for leave to proceed IFP on appeal pursuant to the Prison
Litigation Reform Act of 1995 (PLRA). See Morrow v. Collins, No.
96-10824 (5th Cir. Jan 9, 1997) (one-judge order). The order
held Morrow’s appeal in abeyance for 30 days pending payment of
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the $105 filing fee or submittal of the required documents
pursuant to the PLRA. Morrow received notice that failure to
comply with the order would result in the dismissal of his appeal
for want of prosecution. Id.
Morrow’s IFP motion, filed within the 30-day period, does
not comply with the PLRA because Morrow has not attached a
certified statement of his prison trust account. Morrow asserts
that he attempted to acquire the certified statement on January
27, 1997, but due to the history of hostility Texas Department of
Criminal Justice (TDCJ) officials have toward inmate litigants,
he is unable to provide the required document. We take judicial
notice of the recently established TDCJ procedures* whereby an
inmate may obtain the certified statement of the inmate trust
account. The notarized Trust Fund Balance Inquiry Screen, the
document created by following the procedures for records release
information, is sufficient to comply with the PLRA’s requirement
of a certified statement of the prison trust account. In light
of the relative speed by which Morrow could obtain the document,
his assertion of inability is insufficient to comply with this
court’s January 9 order.
Accordingly, Morrow’s motion for leave to proceed IFP on
appeal is DENIED, and his appeal is dismissed for want of
prosecution. See 5th Cir. R. 42.3. Should Morrow wish to
*
To inform the bench, bar, and public of these procedures,
the notice to inmates given by TDCJ is reprinted as the appendix.
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reinstate his appeal, he is instructed to pay the $105 filing fee
to the clerk of the district court within 30 days.
IFP MOTION DENIED. APPEAL DISMISSED.
APPENDIX
NOTICE TO OFFENDERS
PRISONER’S LITIGATION REFORM ACT -- TITLE 28 U.S.C. § 1915
Effective December 1, 1996, procedures for requesting and
receiving trust fund account information for filing an In Forma
Pauperis Affidavit in any Federal District Court within the State
of Texas, or for other valid legal purposes, are as follow:
RECORDS RELEASE INFORMATION:
1. The offender obtains a Records Release Authorization
(ATC-Authorization No. 1) from the law library. The
offender completes all information and signs and dates
the Authorization in the presence of the approved
witnessing authority (Access to Courts Representative).
2. The witnessing authority identifies the offender by ID
card or records and, upon verification, witnesses the
offender’s signature by signing the Records Release
Authorization, which the witnessing authority will
maintain.
3. The witnessing authority prints out a copy of the
offender’s trust fund balance which the witnessing
authority certifies. The certified copy is then
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provided to the offender.
4. The offender is required to have an addressed, stamped
envelope prepared for mailing. The certified trust
fund information and other relevant court documents are
immediately placed in the addressed and stamped
envelope and the envelope is sealed and placed in the
outgoing mail.
Note: Trust fund information is for legal/court purposes
ONLY. Any other inquiries or questions regarding trust fund
information, balances, deposits, withdrawals, etc. are to be
submitted to TDCJ Offender Trust Fund Department.
Upon receipt of the offender’s trust fund account
information, the Federal Court will review the submitted
information and determine the amount of the offender’s “INITIAL
PARTIAL FILING FEE”. The offender will be notified of the
assessed amount by Court Order.
PAYMENT AUTHORIZATION:
1. Upon receipt of the Court’s “Initial Partial Filing Fee
Order” the offender obtains a Payment Authorization
(ATC Authorization No. 2) from the law library. The
offender completes, signs and dates the Authorization
in the presence of the approved witnessing authority
(Access to Courts Representative).
2. The approved witnessing authority identifies the
offender by ID card or records.
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3. Upon verification, the witnessing authority signs the
Payment Authorization and the witnessing authority
forwards the completed authorization to TDCJ Offender
Trust Fund.