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SPAIGHT v. MAKOWSKI

Docket No. 00-0221.

252 F.3d 78 (2001)

Lawrence G. SPAIGHT, Plaintiff-Appellant, v. A. MAKOWSKI, Kenneth Zydel, Betty Hoffman, & Frank Irvin, Superintendent, Wende Facility, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: May 25, 2001.

Attorney(s) appearing for the Case

Lawrence G. Spaight, pro se, Attica, NY, for plaintiff-appellant.

William Lonergan, Assistant Attorney General, Buffalo, NY (Eliot Spitzer, Attorney General of the State of New York, on the brief), for defendants-appellees.

Before FEINBERG, VAN GRAAFEILAND and SOTOMAYOR, Circuit Judges.

PER CURIAM:

Lawrence G. Spaight ("Spaight"), pro se and incarcerated, moves for the return of the $105 filing fee deducted from his prison trust account for a voluntarily discontinued appeal in which he had sought to proceed in forma pauperis. We write to clarify that the six month period to which 28 U.S.C. § 1915(b)(1) and Leonard v. Lacy, 88 F.3d 181, 186-88 (2d...

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