Lee v. Charlebois et al

Filing 4

Order on IFP request: Initial partial filing fee of $3.90 assessed, due 12/9/2008. Signed by Judge Barbara B Crabb on 11/18/2008. (arw),(ps)

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Lee v. Charlebois et al Doc. 4 Case: 3:08-cv-00658-bbc Document #: 4 Filed: 11/18/2008 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------JOE LEE, P eti ti o n er , v. W IL L IA M CHARLEBOIS, #9 and C IT Y OF PORTAGE POLICE DEPARTMENT, R espo nd ents. --------------------------------------------Petitioner Joe Lee, a prisoner at the Columbia Correctional Institution in Portage, W isco nsin, has submitted a proposed complaint. He asks for leave to proceed in forma p au peris. Because petitioner is a prisoner, he is subject to the 1996 Prisoner Litigation R eform Act. This means that before this court may decide whether he can proceed with his com plaint in forma pauperis, petitioner will have to make an initial partial payment of the filing fee in the amount of $3.90 and the remainder of the fee in monthly installments even if his request for leave to proceed is denied. If petitioner does not have the money to make th e initial partial payment in his regular account, he will have to arrange with prison au th orities to pay some or all of the assessment from his release account. This does not m ean that petitioner is free to ask prison authorities to pay all of his filing fee from his ORDER 0 8 - cv -6 5 8 - b b c Dockets.Justia.com Case: 3:08-cv-00658-bbc Document #: 4 Filed: 11/18/2008 Page 2 of 2 release account. The only amount petitioner must pay at this time is the $3.90 initial partial paym ent. Before prison officials take any portion of that amount from petitioner's release acco unt, they may first take from petitioner's regular account whatever amount up to the full am ou nt petitioner owes. OR DER IT IS ORDERED that petitioner is assessed $3.90 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 the clerk of court in the amount of $3.90 on or before December 9, 2008. If, by December 9, 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, petitioner fails to make the initial partial payment or show cause for his failure to do so, he will be held to have withdrawn this action voluntarily.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 18t h day of November, 2008. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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