Porter, Anthony v. Thorpe, Cynthia et al
Filing
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ORDER assessing initial partial filing fee of $ 3.18. Initial partial filing fee due 12/2/2011. Signed by District Judge Barbara B. Crabb on 11/16/11. (elc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ANTHONY PORTER,
ORDER
Plaintiff,
11-cv-749-bbc
v.
CYNTHIA M. THORPE, LORI ALSUM,
DR. DALIA D. SULIENE, STEVE HELGERSON,
DARCI BURRESON and JENNIFER NICKEL,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In response to this court’s November 4, 2011, order, plaintiff Anthony Porter has
submitted a certified copy of his six-month trust fund account statement so that I can
determine whether he qualifies for indigent status and, if he does, calculate an initial partial
payment of the $350 fee for filing this case. 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.
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In this case, 20% of the average monthly deposits made to plaintiff’s account is $1.56,
but 20% of the average monthly balance is $3.18. Because the greater of the two amounts
is 20% of the average monthly balance, or $3.18, 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 $3.18 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 Anthony Porter is assessed $3.18 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 $3.18 on or before December 2, 2011. If, by
December 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
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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 November, 2011.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge
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