Carter v. Sickenger et al

Filing 5

Order Requiring Initial Partial Filing Fee of $ $11.30 Initial partial filing fee due by 8/13/2009. Signed by Chief Judge Barbara B. Crabb on 7/24/2009. (eds),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------JA CK IE CARTER, ORDER Plaintiff, 0 9 - cv -4 2 7 - b b c v. M s. SICKENGER (Sgt.); Mr. BRINKMAN (C.O.); C .O . Mr. CAIRO; C.O. Mr. J. PEAK; C.O. Mr. SCULLION; C.O. Ms. PELKY; Nurse Ms. JOLINDA WATERMAN; Nurse M s. MARIAN HARTMANN; Nurse Ms. MAURA MCNAMEE; Nurse Mr. DARREN FOSTER; Health Manager Ms. MARY MILLER; Doctor M r. BURTON COX, JR.; Complaint Examiner M s. CHRISTINE BEERKIRCHER, Complaint Examiner Ms. ELLEN K. RAY; Complaint Examiner Mrs. KELLY TRUMM; Warden's Wife Mrs. JUDITH HUIBREGTSE; Warden, Mr. PETER H U I B R E G T S E ; Security Director Ms. MONICA HORNER; Assistant Warden, Mr. BOUGHTON; D irector of W.D.O.C. Mr. RICK RAEMISCH; Defendants. --------------------------------------------JA CK IE CARTER, P l a i n t i ff , 0 9 - cv -4 3 7 - b b c

v. P ET E R HUIBREGTSE (Warden); MONICA HORNER (Security Director); Mrs. JUDITH H U IB R EG T S E (Sgt. Mail Room); Capt. BOISE; Lt. TOM; Ms. CHRISTINE BEERKIRCHER; C.O. SCULLION; Health Manager, MARY MILLER; Captain DYLON RADTKE; Warden GREG GRAMS; Security Director JANEL NICKEL; Assist. W ard en MARC CLEMENTS; Lieutenant D . LIPINSKI; ICE MARY LEISER; Sergeant KOTTA; Capt. CANFIELD; M.D. BURTON COX; Assist. Warden, GARY BOUGHTON; Sergeant S IC KEN G ER ; R.N. JOLINDA WATERMAN; C aptain MASON; ICE KELLY TRUMM; S ergean t CARPENTER; ICE ELLEN RAY; C .O . TAYLOR; Capt. SHARPE; C.O. MULLUSK; C .O . FREDRICK; C.O. GALENGER; C.O. COCKROFT; R.N. DARREN FOSTER; C .O . BRINKMAN; C.O. JONES; R.N. MARIAN HARTMAN, C.O. PEAK; C.O. FINNELL; C.O. BELZ, SR.; Sgt. BLOYER; C .O . LEFTLER; C.O. BELZ, JR.; R.N. DEBORAH CAMPBELL; W.D.O.C. Secretary RICK RAEMISCH; Defendants. --------------------------------------------In orders entered in these cases on July 16, 2009, I told plaintiff that before I could co n sid er his request to proceed in forma pauperis he would have to submit a trust fund accou nt statement covering the full six-month period immediately preceding the filing of his com plaints so that I could assess initial partial payments of the $350 filing fees in each case.

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Plaintiff has submitted the requested statement. From the statement, I have calculated plaintiff's initial partial payment in each case to be $11.30. If plaintiff does not have the m on ey to make the initial partial payments 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 plaintiff is free to ask prison authorities to pay all of his filing fees from his release account. The only amounts plaintiff must pay at this time are the $11.30 initial partial payments. Before prison officials take any portion of these amounts from plaintiff's release account, they may first take from plaintiff's regular account whatever amount up to th e 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 payments to this cou rt.

OR DER IT IS ORDERED that 1. P lain tiff is assessed $11.30 as an initial partial payment of the $350 fee for filing case no. 09-cv-427-bbc. He is to submit a check or money order made p ayab le to the clerk of court in the amount of $11.30 on or before August 13, 20 09 . 2. P lain tiff is assessed $11.30 as an initial partial payment of the $350 fee for

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filing case no. 09-cv-437-bbc. He is to submit a check or money order made p ayab le to the clerk of court in the amount of $11.30 on or before August 13, 2 0 0 9. 3. If, by August 13, 2009, plaintiff fails to make the initial partial payments in either case or show cause for his failure to do so, he will be held to have w ithdraw n that action voluntarily. In that event, the clerk of court is directed to close the file without prejudice to plaintiff's filing his case at a later date. E n tered this 24th day of July, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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