Mitchell, Daniel v. Krueger, Jake et al
ORDER on ifp request: Initial partial filing fee of $ 32.54 assessed. Initial partial filing fee due 5/10/2011. Signed by Magistrate Judge Stephen L. Crocker on 4/19/2011. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
DANIEL J. MITCHELL,
C.O. #2 JAKE KRUEGER and
C.O. #2 THOMAS CICHA,
Plaintiff Daniel Mitchell, a prisoner at the Wisconsin Secure Program Facility in
Boscobel, Wisconsin, 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 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.
From the trust fund account statement plaintiff has submitted, I calculate his initial
partial payment to be $32.54.
Also, he must pay the remainder of the fee in monthly
installments even if his request for leave to proceed is denied. If plaintiff 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 of his filing fee from his release
account. The only amount plaintiff must pay at this time is the $32.54 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.
IT IS ORDERED that plaintiff Daniel Mitchell is assessed $32.54 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 $32.54 on or before May 10, 2011. If, by May
10, 2011, 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so, he will be held to have withdrawn this action voluntarily.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 April, 2011.
BY THE COURT:
STEPHEN L. CROCKER
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