MADDOX et al v. POLLARD et al

Filing 81

Order on ifp request: Plaintiff granted leave to proceed ifp on appeal granted; partial appeal fee of $ 16.97 assessed. Initial partial filing fee due by 7/10/2009. Signed by Chief Judge Barbara B. Crabb on 6/22/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------S TA N L EY FELTON, ORDER Plaintiff, 0 8 -c v -2 2 7 -s lc v. PET ER ERICKSEN, CAPT. BRANT, L IZ LEMERY and LT. LAMBRECHT, D efendan ts. --------------------------------------------As directed in this court's order of June 5, 2009, plaintiff Stanley Felton has subm itted 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 5 order, I found that plaintiff's appeal is not taken in bad faith and that he is not barred by the three strikes pro vision 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 qualifies for in digen t status. Further, I assess plaintiff an initial partial payment of the $455 fee for filing

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his appeal in the amount of $16.97. IT IS ORDERED that plaintiff Stanley Felton's request for leave to proceed in forma pau peri s on appeal is GRANTED. Plaintiff may have until July 10, 2009, in which to su bm it a check or money order made payable to the clerk of court in the amount of $16.97. If, by July 10, 2009, plaintiff fails to pay the initial partial payment or explain his failure to d o so, then I will 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 $16.97 initial partial payment and the remainder of the $455 fee in monthly installments. Entered this 22 n d day of June, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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