VIRSNIEKS v. WISCONSIN DEPARTMENT IF HEALTH AND FAMILY SERVICES SANDRIGE SECURE TREATMENT CENTER et al

Filing 6

Order on ifp request: Partial filing fee of assessed. Initial partial filing fee of $ 30.65 assessed.Initial partial filing fee due by 7/7/2008. Signed by Judge Barbara B Crabb on 6/17/08. (vob),(ps)

VIRSNIEKS v. WISCONSIN DEPARTMENT IF HEALTH AND FAMILY SERVICES SANDRIGE ... TREATMENT CENTER et alDoc. 6

Case: 3:08-cv-00313-bbc

Document #: 6

Filed: 06/17/2008

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------A LB ER T M. VIRSNIEKS, Petitioner, ORDER 08-cv-313-bbc v. W IS C O N S IN DEPART. OF HEALTH A N D FAMILY SERVICES, SANDRIDGE SEC U R E TREATMENT CENTER and JOHN AND JANE DOE[S], Numbered 1 to 100, Employees of the State of Wisconsin whose names are currently u nk no w n , R espo nd ents. --------------------------------------------In an order entered in this case on June 3, 2008, I stayed a decision whether petition er may proceed in forma pauperis and gave him until June 24, 2008, in which to subm it a resident account statement for the six-month period immediately preceding the filin g of the complaint. Petitioner has submitted the required statement and a check for $14. In a letter accompanying the payment, petitioner says that the $14 check is for the "appro xim ate average of last month's balance." Unfortunately, petitioner's $14 payment is

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Case: 3:08-cv-00313-bbc

Document #: 6

Filed: 06/17/2008

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insufficient to cover the necessary prepayment of the $350 filing fee. Petitioner appears to believe that he will be required to pay the average balance for a one-month period only. However, in the June 3 order, I told petitioner that this court w ou ld calculate 20% of his average monthly income and 20% of his average monthly balance for the six-month period immediately preceding the filing of the complaint. He would be requ ired to prepay the greater of the two figures. From petitioner's six-month statement I have calculated 20% of his average monthly balance to be $44.65. (Petitioner's statement does not show the deposits to his account. T herefore, I am unable to calculate his average monthly income.) This means that in ad ditio n to petitioner's $14 payment, he will be required to submit a second payment of $3 0.6 5. After the court receives the payment, I will take petitioner's complaint under ad visem en t for a determination under 28 U.S.C. § 1915(e)(2) whether the action or any po rtion of it must be dismissed as frivolous or malicious, for failure to state a claim on which relief may be granted or because petitioner seeks monetary relief against a defendant who is immune from such relief.

ORDER IT IS ORDERED that petitioner qualifies financially for pauper status on the co n ditio n that he submit an additional payment of the $350 filing fee in the amount of

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Case: 3:08-cv-00313-bbc

Document #: 6

Filed: 06/17/2008

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$30.65. He is to submit a check or money order made payable to the clerk of court in that am o un t on or before July 7, 2008. If, by July 7, 2008, petitioner fails to prepay the amount he has been ordered to pay, I will dismiss this case for his failure to prosecute it. E n tered this 17t h day of June, 2008. B Y THE COURT:

/s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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