Garner v. Huibregtse et al

Filing 6

Order on ifp request: Initial partial filing fee of $ 8.29 assessed. ( Initial partial filing fee due by 6/18/2009.) Signed by Magistrate Judge Stephen L. Crocker on 5/29/09. (elc),(ps)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN OSCAR GARNER, ORDER Plaintiff, 09-cv-301-slc v. PETER HUIBREGTSE, Warden; RUBIN ASCH, Psychiatric Head; RANDY GAGE, Psychologist; G A R Y MAIER, Psychiatrist; CHARLES YUNGHANS, Psychologist; and SHANNON SHARPE, Crisis Worker; Defendants. In an order entered in this case on May 19, 2009, I told plaintiff that before I could con sider his request to proceed in forma pauperis he would have to submit a trust fund account statement covering the six-month period preceding the filing of his complaint so that I could assess an initial partial payment of the $350 fee for filing this case. Plaintiff has subm itted the requested statement. From the statement, I have calculated plaintiff's initial partial payment to be $8.29. If plaintiff does not have the money to make the initial partial paym ent 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 plaintiff is free to ask prison authorities to pay all of his filing fee from his release account. The only a m o unt plaintiff must pay at this time is the $8.29 initial partial payment. Before prison officials take any portion of that amount from plaintiff's release account, they may first take from plaintiff's regular account whatever amount up to the full amount plaintiff owes. Plaintiff should show a copy of this order to prison officials to insure that they are aware they should send plaintiff's initial partial payment to this court. OR DER IT IS ORDERED that plaintiff is assessed $8.29 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 $8.29 on or before June 18, 2009. If, by June 18, 2009, plaintiff fails to make the initial partial payment or show cause for his failure to do so, he w ill be held to have withdrawn this action voluntarily.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 directed to close this file without prejudice to plaintiff's filing his case at a later date. E n tered this 29t h day of May, 2009. B Y THE COURT: /s/ S T E P H E N L. CROCKER M agistrate Judge 2

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