Golden, Parish et al v. Stutleen et al

Filing 65

ORDER granting plaintiff's request for leave to proceed ifp on appeal. Plaintiff may have until June 28, 2012, in which to submit a check or money order made payable to the clerk of court in the amount of $73.89. Signed by District Judge Barbara B. Crabb on 6/7/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
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PARISH GOLDEN,
Plaintiff,

ORDER

v.

11-cv-616-bbc

MARK S. STUTLEEN, CO II RAUSCH,
JESS FRISCH, CHAD BIEMERET and
CHAD DEBROUX,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - As directed in this court’s order of May 9, 2012, plaintiff Parish Golden has submitted
a certified copy of his six-month trust fund account statement so that a determination may
be made whether he is indigent for the purpose of proceeding on appeal in forma pauperis and
if he is, what amount must be assessed under the 1996 Prison Litigation Reform Act as an
initial partial payment of the fee for filing his appeal. (In the May 9 order, I found that
plaintiff’s appeal is not taken in bad faith and that he is not barred by the three strikes
provision of 28 U.S.C. § 1915(g) from proceeding with his appeal in forma pauperis.)
From plaintiff’s trust fund account statement, I conclude that he qualifies for indigent
status. Further, I assess plaintiff an initial partial payment of the $455 fee for filing his
appeal in the amount of $73.89. If plaintiff does not have the money to make the initial
partial appeal payment in his regular account, he will have to arrange with prison authorities

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to pay some or all of the assessment from his release account. The only amount plaintiff must
pay at this time is the $73.89 initial partial appeal 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 make sure they are aware they should send plaintiff's
initial partial appeal payment to this court.
ORDER
IT IS ORDERED that plaintiff Parish Golden’s request for leave to proceed in forma
pauperis on appeal is GRANTED. Plaintiff may have until June 28, 2012, in which to submit
a check or money order made payable to the clerk of court in the amount of $73.89. If, by
June 28, 2012, plaintiff fails to pay the initial partial payment or explain his failure to do so,
then I will advise the court of appeals of his noncompliance in paying the assessment so that
it may take whatever steps it deems appropriate with respect to this appeal.
Further, the clerk of court is requested to insure that the court’s financial records
reflect plaintiff’s obligation to pay the $73.89 initial partial payment and the remainder of
the $455 fee in monthly installments.
Entered this 7th day of June, 2012.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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