Lopez v. GRAMS

Filing 49

Order assessing Initial partial appeal filing fee of $38.86 due by 1/29/2010. Signed by Chief Judge Barbara B. Crabb on 1/7/10. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN

R O G E LIO LOPEZ, P e ti ti o n e r , v. G R E G GRAMS, Warden, Co lum bia Correctional Facility, R espo nd ent. OR DER 0 8 -c v -4 0 8 -s lc

Before the court is petitioner's request for leave to proceed in forma pauperis on appeal. Although I did not grant petitioner a certificate of appealability, I stated in a previous order th at I would not certify that his appeal was not taken in good faith for purposes of pro ceeding in forma pauperis. However, I could not make a final determination until

petition er submitted an affidavit of indigency accompanied by the required six-month trust accou nt statement, which he has now done. T h is court uses the following formula to determine whether a prisoner is indigent for p u rp o ses of appeal or whether he must prepay all or a portion of the appellate filing fee. Fir st, the court determines petitioner's average monthly deposits and his average monthly balances for the six-month period mentioned above. If 20% of the greater of these two figures is $455 or more, the petitioner is not eligible for indigent status and will have to

p rep ay all of the $455 filing fee. If 20% of the greater of these two figures is less than $455, h e will be required to prepay whatever portion less than $455 has been calculated. Applying th is formula to petitioner, I find that he is able to pay at least a portion of the appellate filing fee. According to the trust account statement, in the past six months petitioner's average m on thly deposits are $194.34 and his monthly balance has averaged $167.65. (In

determ inin g this latter figure, I have presumed that the $667.65 shown on petitioner's trust accou nt statement includes $500 of unusable funds that are in petitioner's release account.) T w en ty percent of the greater of these two figures is $38.86. Accordingly, I will grant petitioner's application for leave to proceed in forma pauperis on the condition that he prepay $3 8.8 6.

ORDER IT IS ORDERED that petitioner's request for leave to proceed in forma pauperis is G R AN TE D on the condition that he prepay the amount of $38.86. Petitioner may have until January 29, 2010 in which to pay this amount. If by January 29, 2010 petitioner fails to pay the initial partial payment or explain his failure to do so, then I will advise the court

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of appeals of his noncompliance in paying the assessment so that it may take whatever steps it deems appropriate with respect to this appeal. Entered this 7t h day of January, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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