Turner, Glenn v. Swiekatowski, William
Filing
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ORDER on ifp request: Initial partial filing fee of $ 104.52 assessed. Initial partial filing fee due 11/10/2011. Signed by District Judge Barbara B. Crabb on 10/18/2011. (jef),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
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GLENN T. TURNER,
Plaintiff,
ORDER
v.
11-cv-708-bbc
WILLIAM POLLARD, MICHAEL BAENEN,
PETER ERICKEN, JOHN DORUFF,
MICHAEL SCHULTZ, SARA COOPER,
C.O. II SCHILLER, SGT. HUCK,
MARK LESATZ, LT. SWIEKATOWSKI,
TOM CAMPBELL, JOHN DOE #1,
JOHN DOE #2, JOHN DOE #3, RICK RAEMISCH,
GARY HAMLIN, SGT. GRIEL, SGT. LONGSINE,
SGT. FRANCOIS, SGT. STEVENS, CAPTAIN BRANT,
CAPTAIN M. DELVAUX, D. MOSHER, DAN WESTFIELD,
RICHARD SCHNIETER, PETER HUIBREGTSE,
DR. BURTON COX JR. and RN JO,
Defendants.
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Plaintiff Glenn Turner, 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
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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 $522.59. From the trust fund account statement plaintiff
has submitted, I calculate his initial partial payment to be $104.52. 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 in his regular account to make the initial partial
payment, 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 $104.52 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 that they should send plaintiff’s
initial partial payment to this court.
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ORDER
IT IS ORDERED that plaintiff Glenn Turner is assessed $104.52 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 $104.52 on or before November 10, 2011.
If, by November 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 18th day of October, 2011.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge
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