Rieckhoff, Ronald v. Abrahamson, Shirley et al

Filing 8

ORDER on ifp request: Initial partial filing fee of $ 11.78 assessed. Initial partial filing fee due 3/21/2012. Signed by Magistrate Judge Stephen L. Crocker on 2/27/2012. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

RONALD F. RIECKHOFF ,

Plaintiff,
v.
SHIRLEY ABRAHAM SON, JAM ES E. DOYLE, GUY D.
DUTCHER, SCOTT C. BLADER, JARED C. REDFIELD,
LINDA R. M EIER, JAM ES C. STAFFORD, JUSTIN
PENDERGAST, JAM ES R. M UEHLBAUER, M ARK D.
BENSEN, JOHN P. KUCZM ARSKI, BRIAN FLOW ERS,
M ICHAEL GAGE, ROBERT SAGAR, JARED C. REDFIELD,
JOHN J. PADGAH, HARRIET J. PEPPARD, JEFFREY KIPPA,
LEONARD KACHINSKY, JOHN H. W ALLACE III,
GORDON P. BRAUN, SCOTT C. M ARCKS, GREGORY L.
POTTER, JOHN P. HENKELM AN, ANTHONY TICKNOR,
RANDALL KUM M W ILLIAM G: W EILAND, THOM AS T.
FLUGUAR, DAVID KNAPPEN, HAL HARLOW E, ROBERT
DEBAUCHE, JOHN CURRIOR, ROBERTA LANG, KEVIN
LANG, FREDERICK M ATESTIC, JAM ES L. TOLKAN,
PATRICK KNIGHT, FRANK THOM AS CRIVELLO,
STEPHANIE G. ROTHSTEIN, JANINE P. GESKE, ROBERT
D. DONOHOO, THOM AS D. SCHNEIDER, DIANE SYKES,
JOHN J. BALISTRIERI, M ICHAEL M ALM STEAD, DONALD
S. EISENBERG, THOM AS G. HALLARAN, M ARY LOU
W OEHRER, KARL J. KETZ, ELFRED OLIN SCHULTZ, JR.,
DAN PETERSON, NICHOLAS BEAUM ONT, CAPTAIN
THEILEN, E. M ICHAEL M CCANN, RON M ASTERS,
ROBERT DAHL, FREDERICK LEFFLER, PATRICK LEFFER,
JEROM E DITTM ANN, M ICHAEL DITTM ANN, BETH
DITTM ANN, STUART HONECK, JR., ARTHUR JONES,
JOHN CIECENA, NEIL ZUEHLKE, RUDOLPH W ILL, JON
SIEFERT, JOSEPH ZARNICK, IRA B. ROBINS, M ICHAEL
M OORE, LARRY D’AM ATO, JOHN SCHNEIDER, JAM ES
GAUGER, JON ANDERSON, M ICHAEL PETERSON, PAUL
W ILL, M ICHAEL BLOEDEL, FRANK BLADER, OFFICER
SHEARER, SGT. CARPENTER, CURT OLSON, EURIAL K.
JORDAN, JOSEPH CRUM , COREY ENDREAS, RON
KALM US, JIM LIETZ , DEBRA PATTERSON, JON N.
REDDIN and CLAY R. DUTCHER ,

Defendants.

ORDER
12-cv-90-wmc

In response to this court’s February 14,, 2012, order, plaintiff 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.
In this case, 20% of the average monthly deposits made to his account is $1.99, but 20%
of the average monthly balance is $11.78. Because the greater of the two amounts is 20% of the
average monthly balance, or $11.78, 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 $11.78 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 Ronald Rieckhoff is assessed $11.78 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 $11.78 on or before March 21, 2012. If, by
March 21, 2012, plaintiff fails to make the initial partial payment or show cause for his failure

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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 27th day of February, 2012.
BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge

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