Maldonado v. Hompe et al

Filing 3

Order on ifp request: Initial partial filing fee of $ 10.95 assessed.Initial partial filing fee due by 8/1/2008. Signed by Judge Barbara B Crabb on 7/14/08. (elc),(ps)

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Maldonado v. Hompe et al Doc. 3 Case: 3:08-cv-00396-bbc Document #: 3 Filed: 07/14/2008 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------DANIEL Z. MALDONADO, P eti ti o n er , v. B R AD L EY HOMPE, Warden, STANLEY CORRECTIONAL IN S T IT U T IO N and WISCONSIN DEPARTMENT OF CORRECTIONS, R espo nd ents. --------------------------------------------Petitioner Daniel Z. Maldonado, a prisoner at the Stanley Correctional Institution in Stanley, Wisconsin, has submitted a proposed complaint. He asks for leave to proceed in forma pauperis. Because petitioner is a prisoner, he is subject to the 1996 Prisoner 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 paym ent of the filing fee in the amount of $10.95 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 ORDER 0 8 - cv -3 9 6 - b b c Case: 3:08-cv-00396-bbc Document #: 3 Filed: 07/14/2008 Page 2 of 2 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 $10.95 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 $10.95 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 th e clerk of court in the amount of $10.95 on or before August 1, 2008. If, by August 1, 2008 , petitioner fails to make the initial partial payment or show cause for his failure to do so, he will be held to have withdrawn this action voluntarily.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 at a later date. E n tered this 14th day of July, 2008. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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