Stewart v. Timberlake et al

Filing 6

Order: Initial partial filing fee of $ 11.83 assessed. ( Initial partial filing fee due by 12/11/2009.) Signed by Chief Judge Barbara B. Crabb on 11/20/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------R O N A L D STEWART, ORDER Plaintiff, 0 9 - cv -6 8 7 - b b c v. KA R EN E. TIMBERLAKE, Secretary, S tate of Wisconsin; JO H N EASTERDAY, Administrator, State of Wisconsin; and STEVE WATTERS, Director, Sand Ridge Secure Treatment Center; D efendan ts. --------------------------------------------In response to an order entered in this case on November 13, 2009, plaintiff has su bm itted a resident account statement covering the six-month period immediately preceding the filing of the complaint. From this statement, I conclude that plaintiff has the means to prep ay a portion of the filing fee in the amount of $11.83. Plaintiff is reminded that this is just the first step in obtaining leave to proceed in forma pauperis under 28 U.S.C. § 1915. A fter he sends in the payment, the court will review his complaint to decide whether to grant plaintiff leave to proceed on it. Leave will not be granted if the action must be dismissed as

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m alicious or legally "frivolous," a term that means that the complaint does not allege a claim of any kind. Leave can be denied also if the complaint does not state a claim on which p lain tiff could obtain relief under the law or if plaintiff is asking for money from a defendant w ho is legally protected from having to pay money in his case. Plaintiff should show a copy of this order to institution officials to make sure they know they should send plaintiff's partial filing fee to this court.

ORDER IT IS ORDERED that plaintiff qualifies for pauper status on the condition that he prepay $11.83 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 December 11, 2009. If, by December 11, 20 09 , plaintiff fails to prepay the amount he has been ordered to pay, I will dismiss his case for his failure to prosecute it. Entered this 20t h day of November, 2009. B Y THE COURT: /s/ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ B AR B AR A B. CRABB D istrict Judge

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