Jones v. Bielke et al

Filing 3

Order on ifp request: Initial partial filing fee of $ 39.98 assessed. Initial partial filing fee due by 11/13/2007. Signed by Judge Barbara B Crabb on 10/23/07. (krj)

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Jones v. Bielke et al Doc. 3 Case: 3:07-cv-00594-bbc Document #: 3 Filed: 10/23/2007 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------BRADLEY ALAN JONES, P eti ti o n er , v. JU D Y BIELKE, MELANIE M CL AU G H LIN , BESCUP, S H ER IFF DENNIS RICHARDS, R O BER TS , SUSAN BARTON, C O L U M B IA COUNTY JAIL, S T A T E OF WISCONSIN and FED ER AL MARSHALLS/OXFORD FEDERAL PRISON, Respondents. --------------------------------------------Petitioner Bradley Alan Jones, a prisoner at the Columbia County Jail in Portage, W isco nsin, has submitted a proposed complaint. He asks for leave to proceed in forma p a up eris. Because petitioner is a prisoner, he is subject to the 1996 Prisoner Litigation R eform Act. This means that before this court may decide whether he can proceed with his com plaint in forma pauperis, petitioner will have to make an initial partial payment of the filing fee in the amount of $39.98 and the remainder of the fee in monthly installments even if his request for leave to proceed is denied. If petitioner does not have the money to make ORDER 0 7 -C -5 9 4 -C Dockets.Justia.com Case: 3:07-cv-00594-bbc Document #: 3 Filed: 10/23/2007 Page 2 of 3 the initial partial payment in his regular account, he will have to arrange with prison au th orities to pay some or all of the assessment from his release account. This does not m ean that petitioner is free to ask prison authorities to pay all of his filing fee from his release account. The only amount petitioner must pay at this time is the $39.98 initial partial payment. Before prison officials take any portion of that amount from petitioner's release account, they may first take from petitioner's regular account whatever amount up to the full amount petitioner owes. OR DER IT IS ORDERED that petitioner is assessed $39.98 as an initial partial payment of the $350 fee for filing this case. He is to submit a check or money order made payable to the clerk of court in the amount of $39.98 on or before November 13, 2007. If, by N o vem b er 13, 2007, petitioner fails to make the initial partial payment or show cause for his failure to do so, he will be held to have withdrawn this action voluntarily. In that event, the clerk of court is directed to close this file without prejudice to petitioner's filing his case Case: 3:07-cv-00594-bbc Document #: 3 Filed: 10/23/2007 Page 3 of 3 at a later date. E n tered this 23d day of October, 2007. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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