Tran et al v. Timberlake et al

Filing 9

Order on ifp request: Plaintiff Tran assessed Initial partial filing fee of $ 8.58. Plaintiff Fankhauser assessed Initial partial filing fee of $ 8.70. Initial partial filing fees due by 9/22/2009. Signed by Chief Judge Barbara B. Crabb on 9/2/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------H U N G NAM TRAN and ERIC L. FANKHAUSER, on behalf of themselves and all others similarly situated , ORDER Plaintiffs, 0 9 - cv -5 0 7 - b b c v. KA R EN TIMBERLAKE, Secretary of the W iscon sin Department of Health Services, S T EV E WATTERS, Director at Sandridge Secure Treatment Facility and BYRON BARTOW, Director at Wisconsin R esource Center, D efendan ts. --------------------------------------------In response to an order entered August 20, 2009, plaintiffs Hung Nam Tran and Eric F an kh au ser have submitted their resident account statements for the six-month period im m ediately preceding the filing of their joint complaint. From the statements I conclude th at plaintiff Tran has the means to prepay a portion of the filing fee in the amount of $8.58 and that plaintiff Fankhauser has the means to prepay a portion of the filing fee in the am o unt of $8.70. The plaintiffs are reminded that paying the amount I have determined each

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is able to prepay is just the first step in obtaining leave to proceed in forma pauperis under 28 U.S.C. § 1915. After the court receives plaintiffs' payments, I will take the complaint under advisement for a determination under § 1915(e)(2) whether the action or any portion of it must be dismissed as frivolous or malicious, for failure to state a claim on which relief may be granted or because the plaintiffs seek monetary relief against a defendant who is immune from such relief. Plaintiffs should show a copy of this order to institution officials to insure that they are aware they should send plaintiffs' initial partial payments to this court. A s a final matter, plaintiffs should be aware that each will be held legally responsible for knowing precisely what is being filed in the case on his behalf. He will be subject to sanction s under Fed. R. Civ. P. 11 for any pleading, motion or other paper filed over his na m e if such sanctions are found warranted in any aspect of the case.

OR DER IT IS ORDERED that 1. Plaintiff Hung Nam Tran qualifies financially for pauper status on the con dition that he prepay $8.58 of the $350 filing fee. He is to submit a check or money order made payable to the clerk of court in that amount on or before S eptem ber 22, 2009. If, by September 22, 2008, plaintiff Tran fails to submit the required initial partial payment, I will dismiss him from the case for failure

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to prosecute. 2. Plaintiff Eric Fankhauser qualifies financially for pauper status on the con dition that he prepay $8.70 of the $350 filing fee. He is to submit a check or money order made payable to the clerk of court in that amount on or before S eptem ber 22, 2009. If, by September 22, 2008, plaintiff Fankhauser fails to subm it the required initial partial payment, I will dismiss him from the case for failure to prosecute. E n tered this 2n d day of September, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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