Smith v. Smith et al

Filing 3

Order on ifp request: Partial filing of $ 2.70 assessed. Initial partial filing fee due by 2/16/2009. Signed by Chief Judge Barbara B Crabb on 1/26/2009. (llj),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------WILLIE JAMES SMITH JR., P eti ti o n er , v. S heriff DENNIS SMITH, A dm inistrato r BARB REID, S gt ORMSIN, O fficer BORGARO, O f ficer GRIMS and S gt JOHN DOE, R espo nd ents. --------------------------------------------Petitioner Willie James Smith, a prisoner at the Eau Claire County jail in Eau Claire, W i s c o n s i n, 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. From the trust fund account statement petitioner has submitted, I calculate his in itia l partial payment to be $2.70. Also, he must pay the remainder of the fee in monthly ORDER 0 9 - cv -4 1 - b b c

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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 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 $2.70 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. Petitioner should show a copy of this order to prison o fficials to insure that they are aware they should send petitioner's initial partial payment to this court.

OR DER IT IS ORDERED that petitioner is assessed $2.70 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 $2.70 on or before February 16, 2009. If, by February 16, 2009 , 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

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is directed to close this file without prejudice to petitioner's filing his case at a later date. E n tered this 26t h day of January, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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