Rowan v. Stockwell

Filing 2

Order on ifp request: Initial partial filing fee of $ 15.85 assessed. ( Initial partial filing fee due by 11/30/2009.) Signed by Magistrate Judge Stephen L. Crocker on 11/5/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF WISCONSIN

TALLY ROWAN P l a in t i f f , v. N A T A L IE STOCKWELL, Defendant. ORDER 0 9 -c v -5 8 8 -s lc

T A L L Y ROWAN P l a in t i f f , v. M IK E KNOLL, NANCY HOVE, N A T A L IE STOCKWELL and BRAD LAWRENCE, Defendants. ORDER 0 9 -c v -5 8 9 -s lc

P la in tiff Tally Rowan, a prisoner at the Taycheedah Correctional Center in Fond du Lac, W iscon sin, has submitted a proposed complaint in each of these cases. She has not included with h er complaints payment of the $350 fees for filing these cases. Therefore, I construe plaintiff's c om plain ts to include requests for leave to proceed in forma pauperis. B ec au se plaintiff is a prisoner, she is subject to the 1996 Prison Litigation Reform Act. This m ean s that before this court may decide whether plaintiff can proceed in forma pauperis, she will have t o make initial partial payments of the filing fees for each action. Plaintiff has not submitted a trust fu n d account statement from which I can calculate the amount of her initial partial payments. H ow ever, she did submit such a statement recently in connection with another lawsuit in this court, R o w a n v. Ordinans, 09-cv-420-slc, which I have copied for use in these cases. From this statement, I have calculated plaintiff's initial partial payment in each case to be $15.85. If plaintiff does not h a v e the money to make the initial partial payments in her regular account, she will have to arrange w ith prison authorities to pay some or all of the assessment from her release account. This does not

m ea n that plaintiff is free to ask prison authorities to pay all of his filing fees from her release a c c o u n t . The only amounts plaintiff must pay at this time are the $15.85 initial partial payments. B e fo r e prison officials take any portion of these amounts from plaintiff's release account, they may fir s t take from plaintiff's regular account whatever amount up to the full amount plaintiff owes. P lain tiff should show a copy of this order to prison officials to insure that they are aware they should sen d plaintiff's initial partial payments to this court. ORD ER IT IS ORDERED that 1. P la in t iff is assessed $15.85 as an initial partial payment of the $350 fee for filing case n o . 09-cv-588-slc. She is to submit a check or money order made payable to the clerk o f court in the amount of $15.85 on or before November 30, 2009. 2. P la in t iff is assessed $15.85 as an initial partial payment of the $350 fee for filing case n o . 09-cv-589-slc. She is to submit a check or money order made payable to the clerk o f court in the amount of $15.85 on or before November 30, 2009. 3. If, by November 30, 2009, plaintiff fails to make the initial partial payments in either c a s e or show cause for her failure to do so, she will be held to have withdrawn that ac tio n voluntarily. In that event, the clerk of court is directed to close the file w ith ou t prejudice to plaintiff's filing her case at a later date. E n ter ed this 5 th day of November, 2009. B Y THE COURT: /s / S T E P H E N L. CROCKER M a g is tr a te Judge

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