Moore, Lamont v. Heinzl, Glen

Filing 4

Order on ifp request: Initial partial filing fee of $ 112.75 assessed. Initial partial filing fee due 8/4/2010. Signed by District Judge Barbara B. Crabb on 7/14/2010. (eds),(ps)

Moore, Lamont v. Heinzl, Glen

Doc. 4

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------LAMONT E. MOORE, P la i n t i f f , v. D R . GLEN HEINZL, D efendan t. --------------------------------------------Plaintiff Lamont Moore, a prisoner at the Waupun Correctional Institution in W aup un , Wisconsin, has submitted a proposed complaint. He asks for leave to proceed in fo rm a pauperis. Because plaintiff is a prisoner, he is subject to the 1996 Prisoner Litigation R eform Act. This means that before this court may decide whether he can proceed with his com plaint in forma pauperis, he will have to make an initial partial payment of the filing fee. In determining whether a prisoner litigant qualifies for indigent status this court applies the form ula set forth in 28 U.S.C. § 1915(b)(1). According to this formula, a prisoner ORDER 1 0 - cv -3 9 0 - b b c

requ esting leave to proceed in forma pauperis must prepay 20% of the greater of the average m on thly balance or the average monthly deposits made to his prison account in the sixm on th period immediately preceding the filing of the complaint. 1

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In this case, 20% of the average monthly deposits made to plaintiff's account is $13.47, but 20% of the average monthly balance in his account is $112.75. Because the greater of the two amounts is 20% of the average monthly balance, or $112.75, that is the am ou nt plaintiff will be assessed as an initial partial payment of the filing fee. If plaintiff do es not have the money in his regular account o make the initial partial payment, he will have to arrange with 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 fee from his release account. The only amount plaintiff must pay at this time is the $ 1 1 2.7 5 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 am ou nt up to the full amount plaintiff owes. Plaintiff should show a copy of this order to p ri so n officials to insure that they are aware they should send plaintiff's initial partial paym ent to this court.

OR DER IT IS ORDERED that plaintiff Lamont Moore is assessed $112.75 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 $112.75 on or before August 4, 2010. If, by Au gust 4, 2010, plaintiff fails to make the initial partial payment or show cause for his 2

failure to do so, he will 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 14 t h day of July, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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