United States Fourth Circuit

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Torres v. O'Quinn, 07-7340

A former inmate's motion for a refund of the fees collected from his prison trust account in excess of twenty percent, that were taken to satisfy the filing fee requirement for his two appeals of the dismissal of two civil actions against prison officials, is denied as 28 U.S.C. section 1915(b)(2) permits only twenty percent of an inmate's preceding month's income to be withheld from a trust account, notwithstanding that, as here, the inmate had two in forma pauperis appeals pending before the court. However, under the circumstances of this case, the court declines to order a refund because the amount withheld from his account and remitted on his behalf during his incarceration were actually owed and properly collected.

Appellate Information

  • Argued 12/01/2009
  • Submitted 07/13/2010
  • Decided 07/13/2010
  • Published 07/13/2010

Judges

  • <a href="http://pview.findlaw.com/view/2029393_1">DAVIS</a>

Court

  • United States Fourth Circuit

Counsel

  • For Appellant:
  • Tonya T. Robinson, Mark R. Davis