Davis v. CASPERSON et al

Filing 3

Order on ifp request: Partial filing fee of assessed. Initial partial filing fee of $ 6.75 assessed.Initial partial filing fee due by 12/26/2007. Signed by Judge Barbara B Crabb on 12/3/07. (elc)

Davis v. CASPERSON et al

Doc. 3

Case: 3:07-cv-00667-bbc

Document #: 3

Filed: 12/04/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------ONTARIO A. DAVIS P eti ti o n er , v. S T E V E N B. CASPERSON, MATTHEW J. FRANK, PETER HUIBREGTSE, G ER AL D BERGE, TIM HAINES, LINDA H O D D Y -T RIPP, BRAIN KOOL, ELLEN K. RAY, MARLA K. WAITERS, HRUDKA, T RA C Y GERBER, GARY BLACKBOUGN, S G T . FLANNERY, C.O. PHETTEPLACE, C .O . WETTER, C.O. FRIEDRICH, C.O. H IL G ER , WILLIAM POLLARD, GARY M cC AU G H T R Y , CATHY A. JESS, CAPTIAN MURASKI, CAPTAIN S C H U EL ER , D. STRAHOTA and J. O'DONOVAN, R espo nd ents. --------------------------------------------Petitioner Ontario A. Davis, a prisoner at the Wisconsin Secure Program Facility in B osco bel, Wisconsin, has submitted a proposed complaint. He asks for leave to proceed in form a pauperis. Because petitioner is a prisoner, he is subject to the 1996 Prisoner ORDER 3 : 0 7 -c v-6 6 7 - b b c

Litigation Reform Act. This means that before this court may decide whether he can proceed with his complaint in forma pauperis, petitioner will have to make an initial partial

Dockets.Justia.com

Case: 3:07-cv-00667-bbc

Document #: 3

Filed: 12/04/2007

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payment of the filing fee in the amount of $6.75 and the remainder of the fee in monthly installm ents even if his request for leave to proceed is denied. If petitioner does not have the m on ey to make the initial partial payment in his regular account, he will have to arrange w ith prison authorities to pay some or all of the assessment from his release account. This does not mean 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 $6.75 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 $6.75 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 $6.75 on or before December 26, 2007. If, by December 26, 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

Case: 3:07-cv-00667-bbc

Document #: 3

Filed: 12/04/2007

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is directed to close this file without prejudice to petitioner's filing his case at a later date. E n tered this 3d day of December, 2007. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge