Sawyer, Matthew v. Pugh, Jeffrey et al

Filing 4

ORDER on ifp request: Initial partial filing fee of $ 1.32 assessed. Initial partial filing fee due 1/4/2011. Signed by Magistrate Judge Stephen L. Crocker on 12/13/2010. (jef),(ps)

Sawyer, Matthew v. Pugh, Jeffrey et al

Doc. 4

IN THE UNITED STATES DISTRICT COURT F O R THE W E S T E R N DISTRICT OF W I S C O N S I N

M A T T H E W SAW Y E R , Plaintiff, v. 10-cv-786-wmc W a r d e n JEFFREY PUGH and Doctor DAVID BURNETT, D efe n d a n ts. ORDER

P la in t if f M a t t h e w Sawyer, a prisoner at the Stanley Correctional Institution in Stanley, W is c o n s in , has submitted a proposed complaint. He asks for leave to proceed in forma pauperis. Because plaintiff is a prisoner, he is subject to the 1996 Prisoner Litigation Reform Act. This m e a n s that before this court may decide whether he can proceed with his complaint in forma p a u p e r is , plaintiff will have to make an initial partial payment of the filing fee. F r o m the trust fund account statement plaintiff has submitted, I calculate his initial p a r t ia l payment to be $1.32. Plaintiff must pay the remainder of the fee in monthly installments e v e n if his request for leave to proceed is denied. If plaintiff does not have the money to make t h e initial partial payment in his regular account, he will have to arrange with prison authorities t o 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 a m o u n t plaintiff must pay at this time is the $1.32 initial partial payment. Before prison officials t a k e any portion of that amount from plaintiff's release account, they may first take from p la in t if f 's regular account whatever amount up to the full amount plaintiff owes. Plaintiff should s h o w a copy of this order to prison officials to insure that they are aware they should send p la in t if f 's initial partial payment to this court.

Dockets.Justia.com

ORDER I T IS ORDERED that plaintiff is assessed $1.32 as an initial partial payment of the $350 f e e for filing this case. He is to submit a check or money order made payable to the clerk of court i n the amount of $1.32 on or before January 4, 2011. If, by January 4, 2011, plaintiff fails to m a k e the initial partial payment or show cause for his failure to do so, he will be held to have w it h d r a w n this action voluntarily. In that event, the clerk of court is directed to close this file w it h o u t prejudice to plaintiff's filing his case at a later date.

E n t e r e d this 13 th day of December, 2010. B Y THE COURT: /s / S T E P H E N L. CROCKER M a g is t r a t e Judge

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