MARION, WAR N. v. COLUMBIA CORRECTIONAL INSTITUTION

Filing 67

Order Granting Plaintiff's Request for Leave to Proceed ifp on Appeal; Requiring Initial Partial Filing Fee of $ 1.56 by 7/21/2010. Signed by Magistrate Judge Stephen L. Crocker on 6/30/2010. (eds),(ps)

Marion, War N. v. Radtke, Dylon, et al.

Doc. 67

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF WISCONSIN

WAR N. MARION, P l a i n t i f f, v. D Y L O N RADTKE, JANEL NICKEL an d CHAD KELLER,

ORDER 07-cv-243-bbc

Defendants.

As directed in this court's June 16, 2010 order, plaintiff War Marion has submitted a certified copy of his trust fund account statement so that a determination may be made whether he is indigent for the purpose of proceeding on appeal in forma pauperis and if he is, what amount must be assessed under the 1996 Prison Litigation Reform Act as an initial partial payment of the fee for filing his appeal. (In the June 16 order, this court found that plaintiff's appeal is not taken in bad faith and that he is not barred by the three strikes provision of 28 U.S.C. § 1915(g) from proceeding with his appeal in forma pauperis.) From plaintiff's trust fund account statement, I conclude that he is qualified for indigent status. Further, I assess plaintiff an initial partial payment of the $455 fee for filing his appeal in the amount of $1.56.

ORDER IT IS ORDERED that plaintiff War Marion's request for leave to proceed in forma pauperis on appeal is GRANTED. Plaintiff may have until July 21, 2010, in which to submit a check or money order made payable to the clerk of court in the amount of $1.56. If, by July 21, 2010, plaintiff fails to pay the initial partial payment or explain his failure to do so, then I will

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advise the court of appeals of his noncompliance in paying the assessment so that it may take whatever steps it deems appropriate with respect to this appeal. Further, the clerk of court is requested to insure that the court's financial records reflect plaintiff's obligation to pay the $1.56 initial partial payment and the remainder of the $455 fee in monthly installments.

Entered this 30th day of June, 2010. BY THE COURT: /s/ STEPHEN L. CROCKER Magistrate Judge

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