Albrecht, John v. Morgan, Deirdre et al
Filing
4
ORDER on ifp request: Initial partial filing fee of $ 136.00 assessed. Initial partial filing fee due 9/2/2011. Signed by Magistrate Judge Stephen L. Crocker on 8/16/2011. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JOHN MORRIS ALBRECHT,
Plaintiff,
ORDER
v.
11-cv-569-wmc
WARDEN DEIRDRE A. MORGAN,
TIMOTHY CORRELL, MD,
ANN FARLEY, GARY HAMBLIN,
and DEB LANCE,
Defendants.
Plaintiff John Albrecht, a prisoner at the Oakhill Correctional Institution in Oregon,
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.
In determining whether a prisoner litigant qualifies for indigent status this court applies
the formula set forth in 28 U.S.C. § 1915(b)(1).
According to this formula, a prisoner
requesting leave to proceed in forma pauperis must prepay 20% of the greater of the average
monthly balance or the average monthly deposits made to his prison account in the six-month
period immediately preceding the filing of the complaint.
In this case, 20% of the average monthly deposits is $19.82, but 20% of the average
monthly balance made to his account is $136.00. Because the greater of the two amounts is
20% of the average monthly balance, or $136.00, that is the amount plaintiff will be assessed
as an initial partial payment of the filing fee. 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 $136.00 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 John Albrecht is assessed $136.00 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 $136.00 on or before September 2, 2011. If, by
September 2, 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 16th day of August, 2011.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge
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