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ATCHISON v. COLLINS

No. 01-40369.

288 F.3d 177 (2002)

Thomas L. ATCHISON, Plaintiff-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice; Ronald Reed, Doctor, Unit Health Authority of Texas Department of Criminal Justice; Jimmy W. Bennett, Unit Health Authority of Texas Department of Criminal Justice; Tamitra Fisher, HCS Nurse at Texas Department of Criminal Justice, Donna Latham, HCS Nurse at Texas Department of Criminal Justice, Eastham Unit; Alta White, HCS Nurse at Texas Department of Criminal Justice, Eastham Unit; Jerry N. Barratt, Assistant Warden of Texas Department of Criminal Justice; Rodney L. Cooper, Assistant Warden of Texas Department of Criminal Justice, Eastham Unit; Kent Ramsey, Regional Director of Texas Department of Criminal Justice; Charles Alexander, Doctor, Deputy Director of Texas Department of Criminal Justice; Deloris Schiele, Health Care Service Nurse, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 4, 2002.

Attorney(s) appearing for the Case

Thomas L. Atchison, Beaumont, TX, pro se.

Charles Kenneth Eldred, Matthew Tepper, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

Before: KING, Chief Judge, and HIGGINBOTHAM and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

Prisoner Thomas L. Atchison appeals the denial of his motion to compel the Texas Department of Criminal Justice (TDCJ) to deduct no more than twenty percent of his monthly income to pay for filing fees incurred as a result of actions he has filed in federal court. Atchison argues that 28 U.S.C. § 1915(b)(2) requires him to pay no more than 20 percent of his income each month for filing fees, irrespective...

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