Smith v. GRAMS, WARDEN GREG et al

Filing 8

Order on ifp request: Initial partial filing fee of $ 3.52 assessed. ( Initial partial filing fee due by 8/10/2009.) Signed by Chief Judge Barbara B. Crabb on 7/21/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------D ER R IC K L. SMITH, ORDER Plaintiff, 0 9 - cv -3 8 7 - b b c v. G R E G GRAMS, Warden, JAN E DOE, SULIENE, Doctor, JA N E DOE Nurse #1, JA N E DOE Nurse #2, JA N E DOE Nurse #3, JAN E DOE, Security Director, D efendan ts. --------------------------------------------In an order entered in this case on June 23, 2009, I told plaintiff that before I could c o n sid er 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 $3.52. 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

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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 am o un t plaintiff must pay at this time is the $3.52 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.

OR DER IT IS ORDERED that plaintiff is assessed $3.52 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 $3.52 on or before August 10, 2009. If, by August 10, 2009, p lain tiff fails to make the initial partial payment or show cause for his failure to do so, he w ill be held to have withdrawn this action voluntarily.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 21s t day of July, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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