Shaw, Raymond v. Persson, Paul et al

Filing 6

AMENDED ORDER on ifp request: Initial partial filing fee of $ 114.49 assessed. Initial partial filing fee due 11/10/2010. Signed by Magistrate Judge Stephen L. Crocker on 10/19/2010. (jef),(ps)

Shaw, Raymond v. Persson, Paul et al

Doc. 6

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN _________________________________________________________________________________
RAYMOND D. SHAW, AMENDED ORDER Plaintiff, 10-cv-598-wmc v. PAUL PERSSON, STEVE HELGERSON, LORI ALSUM and GREG GRAMS, Defendants.

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Plaintiff Raymond Shaw, a prisoner at the Columbia Correctional Institution in Portage, Wisconsin, has submitted a proposed complaint. He requests leave to proceed in forma pauperis. Because plaintiff is a prisoner, he is subject to the 1996 Prisoner Litigation Reform Act. This means that before this court may decide whether he can proceed with his complaint in forma pauperis, plaintiff will have to make an initial partial payment of the filing fee. The initial partial payment is calculated by using the method established in 28 U.S.C. § 1915. That is, by figuring 20% of the greater of the average monthly balance or the average monthly deposits to the plaintiff's trust fund account statement. From the trust fund account statement that plaintiff has submitted, the greater of these two amounts is the average monthly balance, which is $572.44. Therefore, I have calculated plaintiff's initial partial payment to be $114.49. Plaintiff is reminded that if he does not have the money to make the initial partial payment in his regular account, 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

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of his filing fee from his release account. The only amount plaintiff must pay at this time is the $114.49 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 amount up to the 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 payment to this court.

ORDER IT IS ORDERED that plaintiff is assessed $114.49 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 $114.49 on or before November 10, 2010. If by November 10, 2010 plaintiff fails to make the initial partial payment or show cause for his 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.

Entered this 19th day of October, 2010. BY THE COURT: /s/ STEPHEN L. CROCKER Magistrate Judge

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