Williams v. Humphrey et al

Filing 4

Order on IFP request: Initial partial filing fee of $8.69 assessed. (Initial partial filing fee due 4/28/2009.) (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------MICHAEL E. WILLIAMS, P eti ti o n er , v. ORDER 0 9 - cv -2 0 2 - b b c

M r. ROBERT HUMPHREY, Mr. JASON ALDANA, Mr. CUS HOWARD, Ms. NANCY PADGETT, M r. CAPT. GEGEAR and Mr. ROBERT CHRISTMAN, R espo nd ents. --------------------------------------------Petitioner Michael Williams, a prisoner at the Columbia Correctional Institution in Po rtage, Wisconsin, has submitted a proposed complaint. He asks for leave to proceed in form a pauperis. Because petitioner is a prisoner, he is subject to the 1996 Prisoner

Litigation Reform Act. This means that before this court may decide whether he can proceed with his complaint 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 initial partial payment to be $8.69. Also, he must pay the remainder of the fee in monthly installments even if his request for leave to proceed is denied. If petitioner

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do es not have the money to make the initial partial payment in his regular account, he will have to arrange with 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 $ 8 .6 9 initial partial payment. Before prison officials take any portion of that amount from petition er's release account, they may first take from petitioner's regular account whatever am ou nt up to the full amount petitioner owes. Petitioner should show a copy of this order to prison officials to insure that they are aware they should send petitioner's initial partial paym ent to this court.

OR DER IT IS ORDERED that petitioner is assessed $8.69 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 $8.69 on or before April 28, 2009. If, by April 28, 2009, petitioner fails to make the initial partial payment or show cause for his failure to do so, he w ill be held to have withdrawn this action voluntarily. In that event, the clerk of court is

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directed to close this file without prejudice to petitioner's filing his case at a later date. E n tered this 7th day of April, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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