Wabuyabo v. Correct Care Solutions et al

Filing 5

MEMORANDUM AND ORDER ENTERED: Plaintiff is granted to and including November 17, 2017, to submit the initial partial filing fee of $18.00 to the clerk of the court or to make any objection to the fee as assessed. If plaintiff fails to comply, leave to proceed in forma pauperis may be denied. Signed by U.S. Senior District Judge Sam A. Crow on 10/17/17. Mailed to pro se party Boniface W. Wabuyabo by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

BONIFACE W. WABUYABO,
Plaintiff,
v.

CASE NO. 17-3173-SAC

CORRECT CARE SOLUTIONS, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for leave
to proceed in forma pauperis (Doc. #2). Because plaintiff is
incarcerated, this matter is governed by 28 U.S.C. § 1915(b). Under
§ 1915(b)(1), the court must assess as an initial partial filing fee
twenty percent of the greater of the average monthly deposits or
average monthly balance in the prisoner's account for the six months
immediately preceding the date of filing of a civil action.
The Court has examined the financial records submitted by the
plaintiff and finds the average monthly deposit to his account is
$83.33, and the average monthly balance is $90.39. The court therefore
assesses an initial partial filing fee of $18.00, twenty percent of
the average monthly balance, rounded to the lower half dollar.1

1

Plaintiff will be required to pay the balance of the $350.00 filing
fee in installments calculated pursuant to 28 U.S.C. ' 1915(b)(2).

IT IS, THEREFORE, BY THE COURT ORDERED plaintiff is granted to
and including November 17, 2017, to submit the initial partial filing
fee of $18.00 to the clerk of the court or to make any objection to
the fee as assessed. If plaintiff fails to comply, leave to proceed
in forma pauperis may be denied.
IT IS SO ORDERED.
DATED:

This 17th day of October, 2017, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge