Recla, Roy S. v. Federal Bureau of Prisons et al

Filing 3

Order on ifp request: Partial filing fee assessed. Initial partial filing fee of $ 37.92 assessed; due by 3/18/2009. Signed by Chief Judge Barbara B Crabb on 2/25/2009. (llj),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------ROY S. RECLA, P eti ti o n er , v. FED E R AL BUREAU OF PRISONS, M R . MARTINEZ, MS. HOLINKA, M R . ROBINSON, DR. REED, D R . STEWART, F. TAYLOR JR., M R . TORRES and MR. CARR, R espo nd ents. --------------------------------------------Petitioner Roy Recla, a prisoner at the Elkton Federal Correctional Institution in L isbo n, Ohio, 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 $37.92. Also, he must pay the remainder of the fee in monthly installm ents even if his request for leave to proceed is denied. Petitioner should show a copy 1 ORDER 0 9 - cv -1 0 1 - b b c

of this order to prison officials 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 $37.92 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 $37.92 on or before March 18, 2009. If, by March 18, 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, petitioner fails to make the initial partial payment or show cause for his failure to do so, he will be held to have withdrawn this action voluntarily.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 is directed to close this file without prejudice to petitioner's filing his case at a later date. E n tered this 25t h day of February, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

2