Edge, Sean v. Correct Care Solutions et al
ORDER on ifp request: Initial partial filing fee of $ 3.49 assessed. Initial partial filing fee due 1/9/2012. Signed by Magistrate Judge Peter A. Oppeneer on 12/16/11. (elc),(ps)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
SEAN CHRISTOPHER EDGE,
CORRECT CARE SOLUTIONS and
Plaintiff Sean Edge, a prisoner at the Waupun Correctional Institution in Waupun,
Wisconsin has submitted a proposed complaint under 42 U.S.C. 1983. 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
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.
From the trust fund account statement plaintiff has submitted, I calculate his initial
partial payment to be $3.49. 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 $3.49 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 Sean Edge is assessed $3.49 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 $3.49 on or before January 9, 2012. If, by January 9, 2012,
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 December, 2011.
BY THE COURT:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?