David v. State of Wisconsin Department of Health Services

Filing 5

Order on ifp request: Initial partial filing fee of $ 23.15 due by 10/14/2008. Signed by Judge Barbara B Crabb on 9/24/08. (elc),(ps)

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"David" v. State of Wisconsin Department of Health Services Doc. 5 Case: 3:08-cv-00536-bbc Document #: 5 Filed: 09/24/2008 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D A V ID , ORDER Petitioner, 0 8 - cv -5 3 6 - b b c v. S T AT E OF WISCONSIN DHS, D L T C , CRO, DMHSAS, WRC, KAREN L., MIKE, RANDI, TOM, B O B , NANCY, ERICA, JAMES, JEN N IFER B, DANA, STEVEN MH, D AN W, LEON, TODD, DAN M, N IK K I, ABBAS, KENRIC, STEVE JH, M IS SY , MARLA, JENNIFER D, V IC KIE, CHEMA, KATHY, CHAD, D A W N , BYRAN, DERIC, DARRELL, M A T T, DIANE, CHRISTI, JOHN, JIM , MARIE, KAREN T, KEVIN, COUNSEL and STEVE W, Respondents. --------------------------------------------In response to an order entered in this case on September 15, 2008, petitioner has subm itted a resident account statement for the six-month period immediately preceding the filing of the complaint. From the statement, I conclude that petitioner has the means to p rep ay a portion of the filing fee in the amount of $23.15. 1 Dockets.Justia.com Case: 3:08-cv-00536-bbc Document #: 5 Filed: 09/24/2008 Page 2 of 2 Petitioner is reminded that once he pays the amount I have determined he is able to p rep ay, that is just the first step in obtaining leave to proceed in forma pauperis under 28 U .S.C . § 1915. After the court receives petitioner's $23.15 payment, I will take his co m p lain t under advisement for a determination under § 1915(e)(2) whether the action or an y portion of it must be dismissed as frivolous or malicious, for failure to state a claim on w h ich relief may be granted or because petitioner seeks monetary relief against a defendant w ho is immune from such relief. ORDER IT IS ORDERED that petitioner qualifies financially for pauper status on the con dition that he prepay $23.15 of the $350 filing fee. He is to submit a check or money ord er made payable to the clerk of court in that amount on or before October 14, 2008. If, by October 14, 2008, petitioner fails to prepay the amount he has been ordered to pay, I will dism iss this case for his failure to prosecute. E n tered this 24 t h day of September, 2008. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge 2

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